1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 16, 2018, the Plaintiff purchased G Uidi A640 TID cars (hereinafter “instant automobile”) in the name of the seller E of the company selling and selling the company, and entered into a DNA installment loan agreement (hereinafter “instant installment loan agreement”) with the Defendant through H, an exhibition at the Defendant’s loan (affiliated store) on the same day, with a view to KRW 50 million interest rate of KRW 16.9% per annum, 6.9% per annum for the loan period, 60 months equal repayment of principal and interest, and overdue interest rate of KRW 24% per annum.

B. At the time of the instant installment loan agreement, the Plaintiff agreed to receive the loan from E, and on April 17, 2018, borrowed KRW 50 million from the Defendant to the account in the name of E in the name of E.

C. On April 23, 2018, the Plaintiff and the wifeJ completed the ownership transfer registration with the Plaintiff’s share 99% and the JJ share 1% on the instant automobile. On April 24, 2018, the Plaintiff and the Defendant created a mortgage on April 24, 2018 (25,000) for the amount of 25,00,000 claims value to the Defendant.

On August 31, 2016, K Co., Ltd. (hereinafter “K”), mortgage holders and debtors F, and bond value 49,085,400 were established on the instant automobile. However, on September 30, 2019 upon K’s application, the voluntary auction procedure for the instant automobile was commenced on September 30, 2019.

E. From June 5, 2018 to October 2, 2019, the Plaintiff paid KRW 21,458,709 to the Defendant as the principal and interest of interest under the instant installment loan agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 3, witness H's testimony, purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the mortgagee K’s mortgage was established on the instant automobile. However, the Defendant, a company specializing in installment financing, paid the Plaintiff loans under the instant installment loan agreement, thereby allowing the Plaintiff to repay the said existing loan.