A. On February 9, 2012, the Plaintiff: (a) borrowed KRW 50 million from the Defendant (hereinafter “the instant loan”); and (b) concluded a contract to establish a right to collateral security (hereinafter “instant real estate”) equivalent to KRW 80 million with respect to the real estate owned by the Plaintiff on the same day as the collateral; (c) on the same day, the Seoul Eastern District Court received on February 9, 2012 as Songdong District Court No. 6382, Jun. 2, 2012, the Plaintiff completed the registration of the establishment of collateral security (hereinafter “the establishment of collateral security”) on February 16, 2016; and (d) concluded the registration of the establishment of collateral security (hereinafter “the establishment of collateral security”) with the Defendant as the principal deposit on June 16, 2016, and the Defendant cannot be deemed to have fulfilled the obligation to deposit the instant real estate with the Seoul East Eastern District Court as the principal deposit on June 26, 2016.

B. As to this, the Defendant borrowed KRW 50 million from the Defendant on February 9, 2012 on the condition of 2.5% of the interest per month (one hundred and twenty million won per month), and completed the registration of creation of mortgage of the instant case as a security therefor. Accordingly, the Defendant paid KRW 7.4 million to the Defendant during the period from February 17, 2012 to August 10, 2012. As such, the Plaintiff paid KRW 80 million to the Defendant, which is the maximum debt amount for the registration of creation of mortgage of the instant case, and accordingly, the Defendant did not comply with the Plaintiff’s claim.

Doctrine, Eul evidence 1 to 3.