A. On March 8, 2016, the Plaintiff lent KRW 200,000,00 to F Co., Ltd. (hereinafter “instant company”) for 2.3% per interest month, and on the same day, registered the establishment of a mortgage on the first floor H, etc. (hereinafter “instant building, etc.”) of the Gangwon-gun, Gangwon-gun, the first floor, etc. (hereinafter “instant building, etc.”) owned by the instant company, with respect to the maximum debt amount of KRW 400,000,000.

B. On March 8, 2016, the Defendant lent KRW 100,000,00 to the instant company as interest rate of KRW 2.3% per annum, and on the same day, the Defendant completed the registration of establishment of the first priority class class (200,000,000 for the instant building, etc.) on the same day.

C. Meanwhile, on November 1, 2017, I Co., Ltd filed a request for auction to the Youngcheon District District Court Young-gu Branch C, and rendered a voluntary decision on the commencement of auction on November 1, 2017, and the same court D real estate auction and E real estate auction were overlapped.

On September 4, 2019, a court of execution prepared a distribution schedule with the content that distributes KRW 220,778,91 to the Plaintiff and the Defendant KRW 116,127,81 to the Defendant (hereinafter “instant distribution schedule”). D.

On the date of distribution, the Plaintiff raised an objection against KRW 3,825,544 out of the amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on September 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. In submitting the claim statement in the distribution procedure, the plaintiff asserted that the plaintiff submitted the claim statement to 373,698,630 won in total (=20,000,000 won x 25% x 25% x (365 days in fact) 373,698,630 won in total, which was calculated by the ratio of 25% per annum from March 15, 2016 to September 4, 2019 under the Interest Limitation Act, the highest interest rate under the Interest Limitation Act from March 15, 2016 to September 4, 2019.

On the other hand, the amount of the defendant's claim is 100,000,000 won with the interest rate of 25% per annum from March 8, 2016 to September 4, 2019.