1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 59,767,086 won from the plaintiff and the defendant shall pay 59,767,086.

1. Basic facts

A. On April 14, 2014, the Plaintiff prepared and awarded to the Defendant a certificate of borrowing the following contents:

(hereinafter referred to as "the loan certificate of this case". The loan of this case shall be repaid in advance if the money is paid before the expiration of the clocked clocks (hereinafter referred to as 300,000,000 won) by using the clocks. The clocks of this case shall be repaid in advance.

I have agreed that the above amounts shall be borrowed from you without being bound to do so by the following terms: (Period of Performance) by April 14, 2014

April 14, 2015, Article 2 (Interest Rate), annual interest rate of April 14, 2015, in four months each.

B. On April 14, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet No. 1, the Plaintiff owned by the Defendant (hereinafter “each of the instant real estate”) with a maximum debt amount of KRW 450 million against the Plaintiff and the Defendant.

C. On April 14, 2014, the Defendant transferred to the Plaintiff the remaining KRW 197,660,000 after deducting KRW 2,340,000 of the cost of establishing the instant right to collateral security, which was agreed to be borne by the Plaintiff from KRW 200,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Scope of secured debt of the instant mortgage:

A. The Plaintiff asserted 1 of the parties that the Plaintiff borrowed KRW 300 million from the Defendant and prepared the instant loan certificate to the Defendant and set up the instant collateral security.

However, the Defendant remitted only the remaining KRW 197,660,000 after deducting the cost of establishing the instant right to collateral security, which was borne by the Plaintiff to the Plaintiff.

Therefore, the Plaintiff bears the Defendant’s obligation to pay KRW 200 million and 30% interest per annum, and only the above payment obligation is the secured obligation of the instant right to collateral security.

The plaintiff did not accept C's debt to the defendant, and will include C's debt to the defendant in the secured debt of the mortgage of this case.