A. On September 30, 2004, the Plaintiff lent 282,00,000 won to the Defendant on a monthly basis (3% per annum) and the due date on September 29, 2005.

On October 2, 2004, the Plaintiff completed the registration of the establishment of a neighboring mortgage in the name of the Plaintiff with a maximum debt amount of KRW 450,000,000 with respect to the amount of KRW 2,370 square meters owned by the Defendant as a collateral for the above loan claim.

B. On December 13, 2005, the Plaintiff, on which the Defendant did not pay the principal and interest of the above loan, voluntarily decided to commence the auction on the land as D with Sungwon District Court Sungnam Branch Branching Province, based on the above collateral security right.

The above land was sold on September 5, 2006 at the above auction procedure, and the Plaintiff received a distribution of KRW 315,487,464 as the applicant creditor and the mortgagee at the distribution procedure on October 13, 2006.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the remaining principal of KRW 104,468,481 as requested by the plaintiff, and to pay damages for delay at the rate of 24% per annum from October 14, 2006 to June 15, 2017, which is the day following the above dividend date, and at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

The calculation of the above KRW 104,468,481 shall be as follows:

From September 30, 200 to October 13, 206, the total amount of KRW 137,95,945,945 agreed upon (744 days) of the leased principal from September 30, 2004, to October 13, 2006: KRW 282,00,000, x 0.24x 744 x 765 days/ 315,487,464 of the above dividends amounting to KRW 17,531,518 after appropriating the above dividends amounting to KRW 137,95,945,945, 945 won - the above dividends amounting to KRW 17,531,518: KRW 315,487,95,945 won - the above loans amounting to KRW 137,97,57,518 won; and

B. The plaintiff assumes that the amount calculated by deducting the above dividends from the total amount of the agreed interest at the rate of 24% per annum from September 30, 2004 to October 13, 2006, is KRW 122,468,481.