On December 24, 2013, when transferring KRW 60 million to the Plaintiff’s account, the Defendant loaned KRW 60 million to Plaintiff A on December 24, 2013 at the rate of 30% per annum between the Defendant and the Plaintiffs. The Defendant jointly and severally guaranteed the Plaintiff’s obligation to the Defendant. If the Plaintiffs fail to perform their obligation, the Defendant prepared a notarial deed of a monetary loan agreement (hereinafter referred to as “instant deed”) stating the terms and conditions of recognition of execution that no objection is raised even if they are immediately subject to compulsory execution. After that, the Plaintiff received KRW 55,560,848 in total six times as indicated in the calculation table of appropriation amount.

B. The Defendant, at the expense of execution, filed an application for a compulsory auction of real estate under the title of the instant certificate with the Changwon-si E apartment No. 306, 401, Sungwon-si, Changwon-si, Changwon-si, which is the Plaintiff’s title, and filed an application for a compulsory auction of corporeal movables under the Changwon District Court 2014No. 2940, and accordingly, the execution expenses incurred in the auction procedure conducted are KRW 396,730 (hereinafter “execution expenses of this case”). The execution expenses incurred in the auction procedure are KRW 3,00, registration and license tax and local education tax, and KRW 63,730,00 (hereinafter “execution expenses of this case”).

2. The allegation and judgment of the parties: (The defendant submitted the evidence No. 2-1, 2, 4, 5 (each receipt), but all of them cannot be viewed as the actual expenditure amount;

A. The asserted Plaintiffs, at the time of December 24, 2013, transferred KRW 60,000 to the Plaintiff at the time of the Defendant’s transfer to the Plaintiff, but immediately deducted KRW 14,00,000 from the said Plaintiff’s interest and practically lent KRW 46,00,000, among them, by means of refund of KRW 14,000, and based on the actual amount paid.