2. The costs of lawsuit shall be borne by the Plaintiff.

A. In the Busan District Court D, H (Dual) real estate auction case of F apartment G in Busan, Busan, which was owned by E, the above auction court prepared a distribution schedule that distributes KRW 241,225,301 to Busan, which was the holder of the first-order distribution right, KRW 296,420, KRW 215,608,622, and KRW 25,320,259 to the Defendant, who was the holder of the second-class collective security right, who was the mortgagee of the second-class collective security right, to pay KRW 296,420,00 to Busan, which was the holder of the second-class collective security right.

B. The Plaintiff, a subordinate mortgagee, was present on the date of distribution, and stated an objection against the entire amount of distribution to the Defendant. On January 24, 2019, the Plaintiff filed a lawsuit of demurrer against distribution of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence No. 12, the purport of the whole pleadings

2. The assertion and judgment

A. On May 2018, when the Plaintiff was under auction, the Plaintiff paid a loan by subrogation to the JA, a creditor of the right to collateral security, and received the distribution in the said distribution procedure. ① KRW 2,051,085, which is indicated as other expenses, in the account statement submitted by the Plaintiff, cannot be received as a dividend in principle by reporting the claim before maturity. ② The interest rate determined by the JA exceeds the statutory interest rate prescribed by the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”). Since the Defendant’s agreement for delay damages amounting to 24% between E and E is unfair since it is an unilateral agreement between the subrogation and the debtor, the entire amount of the Defendant’s dividend should be distributed to the Plaintiff, a subordinate collateral security.

B. In light of the purport of Gap evidence No. 4 and the purport of the entire pleadings, the Defendant, around May 2018, subrogated to the JA for KRW 220,781,175, a sum of KRW 216,00,000, interest rate of KRW 2730,000, and other KRW 220,781,085, and other KRW 220,781, and 175, and on the other hand, it is recognized that the amount apportioned by the Defendant does not exceed KRW 44,391,378.

B.