A. The real estate listed in the separate sheet (hereinafter “instant apartment”) is owned by the Plaintiff.

B. On April 7, 2014, the Plaintiff’s friendship C borrowed KRW 50 million from the Defendant.

(hereinafter referred to as “the instant loan”). C.

In order to secure the debt of the loan of this case, the Plaintiff completed the establishment registration of a mortgage on the apartment of this case with the debtor C, the mortgagee, the defendant, the maximum debt amount, 50 million won, under the Act No. 33753, Apr. 7, 2014.

(hereinafter referred to as the “mortgage of this case”). [Ground for recognition] The fact that there is no dispute, Gap evidence 1-1 and evidence 5, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff and C have fully repaid the debt of the loan of this case with the amount repaid by the plaintiff and C.

The defendant asserts that the amount repaid by the plaintiff and C remains 14,412,126 won as of May 31, 2016, because the amount repaid by the plaintiff and C is appropriated for the repayment of a separate amount of money owed to the defendant.

B. 1) With respect to the assertion that an obligor of the relevant legal doctrine has paid money as a repayment of a specific obligation, the obligee recognizes the fact that he/she has received it, and in cases where the obligee asserts that it has appropriated money for the repayment of another obligation, the obligee must assert and prove that there was an agreement on the appropriation of other claims and that there was an agreement on the appropriation of other claims, or that other claims are priority in legal appropriation (see, e.g., Supreme Court Decision 9Da14433, Dec. 10, 199). 2), there is no dispute between the Plaintiff and the Defendant regarding the fact that the money below was appropriated

The repayment amount of Plaintiff 20 million won on October 29, 2014, which was KRW 10 million on October 30, 2014, and KRW 50 million on February 25, 2015, KRW 5 million on July 25, 2015, Plaintiff 5 million on July 29, 2015 (deposit, evidence No. 7) KRW 50 million on November 19, 2015, KRW 3 C, in total, KRW 50 million on April 11, 2014. < Amended by Presidential Decree No. 25780, Nov. 11, 2014>