1. Of the distribution schedule prepared by the said court on January 27, 2015 with respect to C real estate auction cases.

1. Basic facts

A. On October 10, 2008, the Plaintiff prepared a monetary loan agreement with the Defendant stating “3% of the interest rate of 110,000,000 won from the Defendant, 3% of the interest rate, 3 months prior to the payment period, 48% of the interest rate, 48% of the interest rate (hereinafter “instant loan”). On the same day, the Plaintiff received KRW 99,000,000 from the Defendant as security for the instant loan, and completed the registration of establishment of mortgage over the real estate indicated in the attached list with respect to the Defendant as security for the instant loan amount of KRW 143,000,000.

B. From January 10, 2009 to April 19, 2013, the Plaintiff paid to the Defendant a sum of KRW 147,00,000 as shown in the [Attachment Table] as the principal or interest on the instant loan.

C. Around July 18, 2013, the Defendant filed an application for voluntary auction of real estate as to the real estate listed in the separate sheet with the Chuncheon District Court C, and the said court prepared a distribution schedule to distribute the total amount of KRW 109.102.929 to the Defendant on January 27, 2015.

On February 3, 2015, the Plaintiff raised an objection to the whole amount of dividends of the Defendant on the date of distribution of the said auction case, and filed the instant lawsuit on February 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. If the Plaintiff’s assertion that the amount the Plaintiff borrowed from the Defendant is KRW 9,00,00,000, and the Plaintiff’s repayment was calculated as the highest interest rate under the Interest Limitation Act, and the Plaintiff’s repayment was made in sequence with interest and principal, the unpaid amount is merely KRW 42,522,471 and interest KRW 24,380,381 and interest KRW 66,902,852, based on January 27, 2015, which is the date when the said distribution schedule was formulated.

Therefore, the amount of dividends against the Defendant should be corrected to KRW 66,902,852, and the amount exceeding KRW 42,20,077 should be distributed to the Plaintiff.

B. According to the monetary loan contract entered into between the Plaintiff and the Defendant, the principal of the instant loan is KRW 110,000,000.