1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant prepared and rendered the following loan certificates to the Plaintiff.

2% of the monthly amount of KRW 3,000,000 on September 2, 2008, the interest payment due date of which is non-paid, shall be 2% on October 22, 2010, and 2% on July 23, 2010, May 23, 2010, 10, KRW 10,000 on July 6, 2010, and KRW 10,000 on January 4, 201, KRW 10,000 on December 4, 2011, KRW 10,000,00 on KRW 10,00 on October 5, 201, KRW 00,000 on October 10, 200, KRW 10,000 on loan, and KRW 10,00 on October 10, 201, respectively.

B. On November 24, 2008, the Defendant loaned KRW 50,000,00 to Suwon Agricultural Cooperative. On November 17, 2008, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the land size of KRW 181,00 in Suwon-si, Suwon-si, the Plaintiff owned as a collateral for the above loan. On November 17, 2008, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the land size of KRW 181,00,000 with respect to the land size of KRW 1

C. On September 13, 2013, the Plaintiff was determined to provisionally seize a loan claim of KRW 153,000,000 against the Defendant with the Suwon District Court 2013Kadan102013 as a preserved claim, and the real estate owned by the Defendant was executed on the same day, but the provisional attachment execution was revoked on April 23, 2014 upon the Plaintiff’s request.

On November 24, 2014 and December 5, 2012 of the same year, the Plaintiff paid the Defendant a total of KRW 54,303,573 on November 24, 2008 to the Suwon Agricultural Cooperative.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, 8, 9, 15, Eul’s 3, 8, 10 through 13 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff loaned KRW 109,00,000 to the Defendant for a total of seven times between March 15, 2007 and November 9, 2012. However, the Defendant is obligated to pay KRW 33,00,000 to the Plaintiff for the loan principal as of September 2, 2008, since the Defendant partially repaid the loan and did not repay the loan principal amounting to KRW 33,00,000. The Defendant is obligated to pay KRW 33,00,000 to the Plaintiff on November 24, 2014 and December 5, 2012.