A. On July 14, 2008, the Plaintiff loaned a loan of KRW 73 million to the Defendant as of May 31, 2013 on the loan date, under the pretext of moving expenses lending.

(hereinafter “instant loan”). (b)

On September 25, 2014, the Plaintiff appropriated KRW 26,661,187 among the money distributed to the Plaintiff in Seoul Southern District Court B real estate auction, to the principal of the instant loan. The Defendant’s deposit claim of KRW 33,616 against the Plaintiff shall be appropriated to the principal of the instant loan, and the principal and interest of the instant loan remaining after appropriating KRW 44,001 to the interest on the instant loan as of June 16, 2015, the principal and interest of the instant loan shall be KRW 46,305,197 as of June 16, 2015, the principal and interest of the instant loan shall be KRW 6,758,942 as of June 16, 2015. The overdue interest rate under the loan agreement between the Plaintiff and the Defendant shall be KRW 15 per annum.

[Reasons for Recognition] Gap's evidence 1-1-4, Gap's evidence 2, 3, Gap's evidence 4-3 to 6, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of the instant loan of KRW 66,758,942 as well as damages for delay calculated by the rate of 15% per annum from June 17, 2015 to the date of full payment.

B. The Defendant’s argument regarding the Defendant’s assertion is asserted that the principal and interest of the instant loan were fully repaid during the above auction procedure, and thus, according to the entry of Dop and evidence No. 4-3, the Plaintiff was at the above auction procedure on September 25, 2014.

As stated in Paragraph (1), the Plaintiff received dividends of KRW 121,039,379 in excess of the amount appropriated as principal of the instant loan exceeding KRW 26,61,187. However, according to the overall purport of the statement and pleading set forth in subparagraphs 4-2 and 4-2 of the evidence, the Plaintiff loaned KRW 80,200,000 to the Defendant on July 14, 2008 as of May 31, 2013. As of September 25, 2014, the principal and interest of the instant loan was KRW 80,200,000, interest KRW 14,178,192 in total, KRW 94,378,192, and KRW 121,039,379,92 distributed to the Plaintiff.