A. On May 7, 2007, the non-party limited liability company C (hereinafter “non-party limited liability company”) borrowed money from the Gwangju High Credit Cooperative, and concluded a mortgage contract with the maximum debt amount of KRW 150,000,000 on the D ground buildings in Jindo-gun, Jindo-gun and completed the registration of establishment of a mortgage on the same day.

B. On December 20, 2007, the Defendant lent KRW 150,000,000 to the non-party company as interest rate of KRW 2,50,000 per month, and then the Defendant lent from the Gwangju New Credit Union.

On December 21, 2007, after acquiring the right to collateral security as stated in the paragraph, the registration of additional registration of the right to collateral security was completed.

C. Since then, the non-party company paid interest of KRW 2,500,000 per month to the Plaintiff, and began to pay the interest in arrears from around 2009, and around October 201, the interest in arrears amounted to KRW 34,50,000 in total.

Accordingly, the plaintiff is entitled to the above A.

On October 17, 2011, the Gwangju District Court filed an application for voluntary auction for the real estate stated in the port entry, and the above court rendered a decision to commence voluntary auction and proceeded with the auction procedure on October 17, 201.

(hereinafter “instant auction procedure”). (e)

On June 14, 2012, the non-party company requested the plaintiff to withdraw the application for auction of this case while paying the loan principal of KRW 150,000,000.

Accordingly, the Plaintiff agreed to receive KRW 25,00,000, which was part of the overdue interest of the non-party company accrued during the same day with the Defendant, who was the representative director of the non-party company, and the amount of KRW 25,00,000 from the Defendant appears to be the clerical error on February 31, 2013.

The cash custody certificate (A No. 1; hereinafter referred to as the "cash custody certificate of this case") was issued with the contents of the loan borrowed.

F. On June 15, 2012, the Plaintiff withdrawn the instant application for auction.

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

2. According to the above facts of recognition as to the cause of the claim, the defendant is special.