2. The costs of lawsuit shall be borne by the Plaintiff.

On June 28, 2016, F, the actual manager of Defendant B, cancelled the registration of the establishment of the instant neighboring mortgage without the Plaintiff’s consent.

On August 31, 2016, the Plaintiff received KRW 20 million from Defendant B to repay the loan.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 9 evidence, the purport of the whole pleadings

2. Claim against the defendant B

A. On July 21, 2008, the Plaintiff agreed to receive KRW 30 million plus KRW 20 million until July 21, 2009, while lending KRW 10 million to Defendant B on July 21, 2008.

The amount of KRW 20 million paid by Defendant B to the Plaintiff on August 31, 2016 shall be first appropriated for KRW 10,676,712 for the interest accrued from July 22, 2009 to August 31, 2016, from July 22, 2009 to August 31, 2016, and the remainder of KRW 9,323,28 shall be appropriated for KRW 30,000 as principal, and the principal shall remain 20,676,712.

Therefore, Defendant B is obligated to pay the remainder of the loans to the Plaintiff KRW 20,676,712 and damages for delay incurred from September 1, 2016.

C. We examine whether Defendant B, who borrowed KRW 10 million from the Plaintiff, agreed to repay KRW 30 million until July 21, 2009.

As seen earlier, it is insufficient to recognize that Defendant B, while borrowing KRW 10 million from the Plaintiff, had an agreement as alleged by the Plaintiff solely based on the fact that the establishment registration of the mortgage was completed with the maximum debt amount of KRW 30 million in the future, and there is no other evidence to acknowledge otherwise.

Therefore, it is reasonable to view that the Plaintiff’s loan of KRW 10 million to Defendant B was extinguished by paying KRW 20 million to the Plaintiff on August 31, 2016.