1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from November 18, 2018 to the date of full payment.

1. Basic facts

A. The establishment registration was completed on June 9, 2009, the maximum debt amount of KRW 97,500,000, the debtor E, and the mortgagee F, of KRW 136 square meters in Suwon-si, which was owned by the Plaintiff, as well as KRW 136 square meters in the above ground and apapapa, and KRW 37.45 square meters in the aggregate of the above land and buildings (hereinafter referred to as “instant real estate”).

(hereinafter referred to as the “mortgage of this case”) B.

On August 31, 2015, F transferred the secured debt of the instant right to collateral and the instant right to collateral security to the Defendant along with the instant right to collateral security, and on September 4, 2015, F completed the additional registration before the instant right to collateral security, which was based on the transfer of the instant right to collateral security, to the Defendant.

C. On September 15, 2015, the Defendant, based on the instant right to collateral security, filed an application for voluntary auction on September 15, 2015, and on April 15, 2016, the distribution schedule was formulated with the Suwon District Court G real estate auction procedure (hereinafter “instant voluntary auction procedure”) that distributes KRW 90,029,430 to the Defendant, who is the applicant creditor and the mortgagee, who is the right to collateral security (hereinafter “instant distribution schedule”).

The Plaintiff raised an objection against KRW 50,029,430, out of KRW 90,029,430, which was distributed to the Defendant, and the Defendant paid KRW 40,000,000, which was not raised by the Plaintiff on April 15, 2016.

E. The Plaintiff filed a lawsuit of demurrer against the Defendant as Suwon District Court 2016Da17084 (hereinafter “related lawsuit of demurrer against distribution”), and filed a claim against the Defendant to rectify the dividend amount of KRW 90,029,430 to KRW 40,000,000, and the judgment in favor of the Plaintiff was rendered on December 19, 2017.

On August 23, 2018, the defendant appealed, but the appeal was dismissed on August 23, 2018, which became final and conclusive.

F. Of the money distributed to the Defendant in the instant voluntary auction procedure, the portion of KRW 40,00,000, which the Plaintiff did not seek correction of the distribution schedule through the lawsuit of demurrer against distribution was finalized as the distribution schedule is, and the said voluntary auction procedure is finalized on November 29, 2018.