A. As to the real estate indicated in the attached list, the debtor is two stoves Co., Ltd. (hereinafter “duals”), the defendant completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 675,00,000 on February 10, 2015, and the plaintiff completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 160,000,000 on April 14, 2015.

B. On December 30, 2016, a court of execution prepared a distribution schedule by allocating KRW 675,00,000 to the Plaintiff (the principal amount 180,000,000,000 won) and KRW 74,188,8087 to the Defendant (the principal amount 258,493,150 won) in the order of 3rd priority, and the Plaintiff (the principal amount 180,000,000 won) as dividends of KRW 105,81,192 out of the dividends against the Defendant. Accordingly, the Plaintiff stated an objection against KRW 105,81,192 among the dividends against the Defendant.

[Ground of recognition] Unsatisfy, each entry of Gap 1-3 evidence (including a provisional number), and the purport of the whole pleadings

2. The plaintiff's assertion that the court of execution recognized the defendant's amount of credit as the principal amounting to 600,000,000 won and interest 258,493,150 won per annum from April 11, 2015 to the dividend date, and distributed 675,00,000 won equivalent to the maximum debt amount, based on the total amount of 858,493,150 won. However, since the defendant remitted only 440,000,000 won to two cases, it is 629,561,6444 won when calculating the principal and interest up to the date of distribution on the basis of the above principal amount. Accordingly, the defendant received dividends exceeding 45,438,356 won.

3. Determination

A. Comprehensively taking account of each of the statements in Gap evidence Nos. 4, 5, Eul evidence Nos. 1, 2, and 3, two construction companies borrowed KRW 600,000 from the defendant and received KRW 600,000 on February 9, 2015, and delivered to the defendant a certificate of borrowed money stating that "by April 10, 2015, the repayment shall be made and the interest of KRW 25% per annum shall be paid at the time of default." The defendant paid two construction companies KRW 10,00,000 on February 10, 2015, and KRW 10,000,000 on June 16, 2016, and KRW 450,000,000 on aggregate.

3.2