1. The Defendant shall pay 9,844,969 won from the Plaintiff and 25% per annum from July 15, 2016 to the date of complete payment.

1. Facts of recognition;

A. On October 30, 2015, Nonparty C completed the registration of ownership transfer due to sale on September 30, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 22, 2017, Nonparty C died in the heart color, and the Plaintiff, the wife, inherited the instant real estate solely by agreement division.

C. On February 5, 2016, the deceased C (hereinafter only referred to as “the Deceased”) concluded a contract to establish a mortgage with the Defendant, and on February 11, 2016, set up a mortgage worth of KRW 120 million on the instant real estate to the Defendant.

On February 29, 2016, the Deceased, signed with the Defendant, “The amount of KRW 103,179,474 as of February 5, 2016, 100, 5% per annum, due date for payment, February 29, 2016, and the statutory maximum interest rate shall apply” (No. 1 certificate; hereinafter “the certificate of borrowing as of February 29, 2016”) to the Defendant.

E. On March 4, 2016, the Deceased prepared a certificate of borrowing (a evidence No. 1; hereinafter “certificate of borrowing as of March 4, 2016”) dated March 4, 2016, stating that “10 million won was lent from the Defendant and KRW 5% per annum to KRW 100 million among them, and the period of reimbursement is May 31, 2016.”

F. If the deceased paid only KRW 40 million on April 15, 2016, the Defendant filed an application for voluntary auction with the Busan District Court Branch DD on May 18, 2016 and filed a decision to commence voluntary auction on May 18, 2016.

G. On July 26, 2016, the Defendant withdrawn the application for voluntary auction.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5-2, Gap evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Upon the Defendant’s application for a voluntary auction, the Defendant voluntarily withdrawn the application for a voluntary auction by repaying all the secured debt of the right to collateral security. 2) Even if the secured debt of the agent remains, the loan certificate as of March 4, 2016 is more than the loan certificate as of February 29, 2015.