A. On December 28, 2015, the Defendant received the remittance of KRW 95 million from C, and on the same day, stated the amount borrowed as KRW 100 million to C, and the due date and interest amount were written and issued a certificate of borrowing (No. 6, hereinafter “the certificate of borrowing”).

B. In addition, on December 28, 2015, the Defendant entered into a mortgage agreement with C on December 28, 2015 with respect to the F, G, and H of Two Parcel Buildings E (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 180 million, and completed the registration of establishment of a neighboring mortgage in the C future.

C. On the other hand, on January 19, 2016, the Plaintiff paid KRW 100 million to C, and received a loan claim against the Defendant (hereinafter “instant claim”) from C.

At the time, the name of the mortgagee was not changed, and C agreed to pay dividends to the Plaintiff when receiving dividends.

On January 26, 2016, upon the application of I Co., Ltd., the mortgagee, the right to collateral security (JJ) commenced the auction procedure of real estate concerning the instant real estate, and on November 25, 2016, the said real estate was sold to a third party. In the distribution procedure, the successful bid price excluding the auction cost was fully distributed to I Co., Ltd., the right to collateral security (the right to collateral security), and C did not receive dividends.

E. On December 12, 2017, C notified the Defendant of the assignment of claims, and at that time, C sent the notice to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s repayment period on January 26, 2016, which was due and due on January 26, 2016, and based on this day, C’s principal of the Defendant’s loans to the Defendant is KRW 95 million and the interest rate of KRW 1,873,972 calculated at the rate of 24% per annum, which is the highest interest rate under the Interest Limitation Act. Accordingly, the Defendant is the Plaintiff.