A. On March 28, 2011, Plaintiff A lent 20,000,000 won to the Defendant on June 28, 2011, and 2.5% per month on the repayment date. Plaintiff B lent 40,000,000 won to the Defendant on March 28, 2011 at the rate of 2.5% per month on the repayment date. Plaintiff B lent 40,000,000 won to the Defendant on June 28, 2011 and the interest rate at the rate of 2.5% per month.

B. The Plaintiffs, as a mortgagee, participated in a formal auction case under the Suwon District Court D and E (Dupl) lien with respect to each of the above claims. On April 27, 2015, the date of distribution, the Plaintiffs received dividends of KRW 7,743,851 from Plaintiff A, and KRW 15,487,701 from Plaintiff B, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, Gap evidence 2, Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. As to the cause of the claim, Plaintiff A asserted that the principal and interest from June 28, 201 to April 27, 2014 sought by the said Plaintiff constituted KRW 49,269,847 (20,000 won - KRW 37,013,698 - KRW 7,743,851) calculated by subtracting the said dividends from the said dividends of KRW 7,743,851 from the principal and interest until April 27, 2014, and Plaintiff A claimed the said money and its delay damages. Plaintiff B claimed that the said money and its delay damages were KRW 98,539,696 (40,000,000 won, KRW 74,027,397,797,751) and claimed that the said amount calculated by subtracting the said dividends of KRW 15,487,701 from the principal and interest from June 27, 2011 to the said Plaintiff.

Plaintiff

A’s principal and interest on the above loan from June 28, 201 to April 27, 2014 are 37,013,698 won [20,000,000 won (20,000,000 x 0.3) x 1,035/365]. The said dividend amount is 29,269,847 won (37,013,698 won - 7,743,851 won) upon deduction of KRW 7,743,851.

Plaintiff

B’s principal and interest on the above loan from June 28, 201 to April 27, 2014 is a total of 74,027,397 won [40,000 won (40,000,000 x 0.3) x 1,035/365]. The said dividend amount is KRW 58,539,696 (74,027,397 - 15,487,701) when deducting the said dividend amount.

Therefore, with respect to the Plaintiff A’s KRW 29,269,847 and its principal KRW 20,000,000 among them, the Defendant’s agreement is within the scope of the agreement from August 8, 2015 to the day of complete payment, which is the day following the day when a duplicate of the application for modification of the purport of the instant claim was served on the Defendant.