1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 3, 2002, the Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 180 million with the Defendant on the land Jin-gu Busan (hereinafter “instant land”) and entered into an agreement on July 5, 2002 with the Defendant on July 5, 2002, setting the loans amounting to KRW 150 million with the maturity of KRW 150 million and KRW 150 million with the Defendant on July 5, 2004.

(hereinafter “instant loan”). (b)

On the same day, the loan account (number C) of this case deposited KRW 60 million with the Plaintiff’s other account (number D).

C. On May 14, 2003, the Plaintiff repaid KRW 60 million and interest KRW 720,980 and interest KRW 60,725,30,00 and terminated the instant loan agreement. The instant right to collateral security was cancelled on May 15, 2003 due to termination on the same day.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 3, 5, 6 and the purport of the whole pleadings

2. The parties' assertion

A. On July 5, 2002, the Plaintiff asserted that the Plaintiff offered the instant land as security to the Defendant and received a loan of KRW 150 million. The Defendant paid KRW 60 million out of the loan to the Plaintiff.

Nevertheless, until May 14, 2003, the Plaintiff repaid all of KRW 150 million.

The defendant is obligated to refund the 90 million won and the delay damages paid to the plaintiff without paying to the plaintiff.

B. On July 5, 2002, the agreement that the Plaintiff entered into with the Defendant on July 5, 2002 entered into with the Defendant was concluded with the limit transaction agreement stipulating the limit of KRW 150 million and actually executed as the limit transaction agreement, the amount of the loan is KRW 60 million, and the Plaintiff paid a total of KRW 60 million on May 14, 2003 and interest thereon.

3. The Plaintiff’s assertion of determination is that the Plaintiff borrowed only KRW 60 million out of KRW 150,000,000 and repaid interest thereon. It is based on all evidence submitted by the Plaintiff, including the loan amount and the repayment amount of KRW 150,000,000 and KRW 150,000,000.