1. The defendant shall pay 118,481,608 won from the plaintiff and 112,869,812 won from the plaintiff to the date of complete payment.

1. Basic facts

A. On August 30, 2018, the Plaintiff borrowed KRW 2.5% per month from the Defendant and due date on February 28, 2019 (six months) and set KRW 120 million as indicated in the separate sheet as collateral (hereinafter “each of the instant real estates”) with respect to each of the real estates listed in the separate sheet as collateral (hereinafter “each of the instant real estates”). On August 31, 2018, the Plaintiff created a collective security (hereinafter “instant collective security”) on August 31, 2018, with the maximum debt amount of KRW 180 million as the obligor, the Plaintiff, and the mortgagee as the Defendant.

B. At the time of the above loan, the procedure of voluntary auction was in progress with regard to each of the instant real estate in the Chuncheon District Court Gangnam Branch C. The Defendant paid KRW 15 million to the Plaintiff, deducting five million from the withdrawal cost of the said auction case, the establishment cost of collateral security, the interest prior to one month, etc.

C. On January 28, 2019, the Defendant filed an application for voluntary auction of each of the instant real estate based on the instant collateral security, and rendered a voluntary decision to commence auction to Chuncheon District Court D on January 28, 2019.

On August 26, 2019, the Plaintiff deposited KRW 1377 million with the Seoul Southern District Court Decision 2019Da3657 Decided August 26, 2019 with the Defendant as the principal deposit.

However, the defendant was designated as a consideration for returning two gold diseases to the defendant as a security under the terms and conditions of return of deposit.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 3, 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination:

A. At the time of borrowing the Plaintiff’s assertion 1), the Defendant paid to the Plaintiff KRW 115 million with a monthly interest of KRW 3 million ( KRW 2.5% per month and KRW 2 million for other fees. After that, the Defendant requested the Plaintiff to make an additional payment under the name of other fees, such as expenses for termination, establishment, etc.

9.4. 2 million won in April, the same year;

9. 21. has remitted 1.9 million won to the defendant.

First of all, 5 million won after deduction shall be deemed as interest, and there is a limit to the Interest Limitation Act.