A. The fact of recognition (1) was that a compulsory auction procedure for real estate auction (hereinafter “instant auction procedure”) was conducted under the Suwon-si District Court D (E (E) with respect to the land and building of Suwon-si G and H and I owned by the Plaintiff. The said auction court prepared a distribution schedule with respect to KRW 915,423,785 of the amount to be actually distributed on March 2, 2015 with respect to the said Defendants’ dividends amounting to KRW 185,729,979, KRW 3,14B lessee (small amount, final amount), KRW 40,00,00,00 on the said Defendants’ dividends amounting to KRW 915,423,785.

(2) On the date of the above distribution, the Plaintiff raised an objection against KRW 23,729,979 out of the amount of dividends to the Defendant Samsung Saemaul Bank on the said date, and filed the instant lawsuit on March 6, 2015, which was within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

B. (1) The plaintiff asserts that the amount of credit of the defendant Samsung Saemaul Bank is the principal amounting to KRW 150,000,000 and interest KRW 35,729,979, and that the interest amount is too excessive.

In full view of the purport of each statement in Eul's evidence Nos. 1, 2, 3, 5, and 9 as a whole, the defendant Yong-Nam Saemaul Bank entered into a loan transaction agreement with J on October 23, 200 and 90,000,00 per annum on interest fluctuation rate of 8.1% per annum on October 23, 2003, with interest fluctuation rate of 20% per annum, and with interest rate of delay delay rate of 20% per annum, and if interest, installment repayment, and installment repayment are not paid on the fixed date pursuant to Article 2 (1) and (2) of the above agreement, the compensation for delay shall be paid as to the amount to be paid, and if it fails to perform its obligation at the expiration of the lending period, or loses its interest under Article 7 of the Framework Terms and Conditions for Credit Transactions, the compensation for delay shall be paid as soon