A. On April 29, 2015, the Plaintiff loaned money to the Defendant by means of remitting KRW 40,000,000 to the Defendant’s A’s account, and KRW 10,000,000 to the D’s account designated by the Defendant on the same day, and ② November 17, 2017, to the E’s account designated by the Defendant.

B. On November 17, 2017, the Defendant prepared a loan certificate stating that KRW 20,000,000 will be repaid by March 31, 2018 (hereinafter “the instant loan certificate”), and an implementation letter and an agreement in attached Table 1 (hereinafter “instant agreement”) and issued to the Plaintiff.

(c)

On November 24, 2017, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “the instant right to collateral security”) regarding subparagraph 4 of the multi-family house located in G in the G when the Plaintiff owned the F Co., Ltd. as “the maximum amount of the claim: 120,000,000 won, and the obligor: the Defendant and the mortgagee: the Plaintiff.”

On August 26, 2020, the Plaintiff did not receive at all dividends from the voluntary auction procedure (the Suwon District Court H, hereinafter “instant auction procedure”) filed by another person who had another person’s right to collateral security on the said house.

(d)

On the other hand, on December 29, 2017, the Defendant repaid KRW 40,000,000 to the Plaintiff out of the amount stated in the instant agreement.

E. On September 23, 2018, the Plaintiff drafted to the Defendant a letter of performance in attached Form 2 (hereinafter “instant letter of performance”).

[Ground for recognition] Unsatisfy, Gap 1 to 5 evidence, Eul 4 and 5 evidence (which include a number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 80,000,000 among the amounts promised to pay by drafting the instant agreement, and damages for delay.

B. Although the Defendant stated that the Plaintiff shall pay KRW 120,000,000 to the Plaintiff, the Defendant agreed that only KRW 80,000,000, out of the money that the Plaintiff and the Defendant shall receive in the auction procedure of the instant case, and thus, the Defendant agreed that the Plaintiff will have to pay the said money.