2. The costs of lawsuit shall be borne by each person;

On February 21, 2013, in order to secure the principal and interest of the instant loan obligation, the Defendant: (a) established a collateral on the real estate owned by the Defendant (SP) (SP) with the maximum debt amount of KRW 120 million with respect to the real estate owned by the Defendant; (b) on February 21, 2013, the Defendant stated that the Plaintiff would accept the loan money (Evidence A) created at the time of the establishment of the right to collateral security without objection to the legal procedure, such as the execution of the right to collateral security, “The amount of interest shall be 20% per annum from February 15, 2013 to the date of full payment; and (c) on February 15, 2014, the payment of interest shall be deemed to have been made only once by default; (d) the obligor would lose the benefit of time; and (e) the obligee would not pay the principal and interest at the time of default.

In the distribution procedure of the voluntary auction of the instant real estate, the Plaintiff filed an application for a demand for distribution of KRW 120 million, which is the maximum debt amount, from February 16, 2013 to August 24, 2016, for the share of KRW 170,465,753, which is calculated by the annual rate of 20%, from February 16, 2013 to August 24, 2016, for the share of KRW 170,465,753, which is the maximum debt amount.

【Ground for Recognition: Unsatisfy, Gap evidence 1 to 4 (including a branch number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. Determination on the claim

A. The gist of the Plaintiff’s assertion is that the agreement on the loan of this case is 20% per annum as stated in the loan certificate. Accordingly, on August 24, 2016, the Plaintiff’s claim against the Defendant against the Defendant as of the date of distribution from February 16, 2013 to August 24, 2016, including the principal amount of KRW 70,465,753, the interest of KRW 170,465,753, and the interest of KRW 122,154,000 paid by the Defendant and the interest of KRW 8,154,000 paid by the Defendant during the period when calculating the principal by first restricting the interest of the loan of this case.