1. The Defendant’s KRW 67,00,000 as well as the annual rate of KRW 5% from November 9, 2013 to March 18, 2014 to the Plaintiff.

1. Facts of recognition;

A. On January 25, 2010, the Plaintiff leased KRW 300,000,00 to C with interest rate of KRW 2.5% per month, the Defendant offered the Plaintiff as security, and registered the Seoul Eastdong District Court’s registration with the maximum debt amount of KRW 330,000,000,000, and the debtor’s third-class establishment registration with the third-class establishment registration of a mortgage of KRW 36,000,00,000, as the Seoul Eastdong District Court’s registration with the maximum debt amount of KRW 3409, Jan. 25, 2010.

B. C did not repay the above loans, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2013Gahap3342, Oct. 4, 2013, and the Defendant paid to the Plaintiff the amount calculated at the rate of 30% per annum from October 2, 2010 to the date of full payment with respect to KRW 311,00,000 and KRW 300,000 among them. The Plaintiff was awarded a favorable judgment against the Plaintiff, and the above judgment became final and conclusive around that time.

C. On November 8, 2013, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation of KRW 167,623,680, and the starting date of expropriation as of December 27, 2013, and the said ruling was finalized around that time.

The first and second secured creditors related to the instant real estate seized the instant real estate before the Defendant received the compensation for expropriation and received a dividend of KRW 100,623,680. However, the Plaintiff did not follow the seizure procedure, and the Defendant received KRW 67,000,000 out of the compensation for expropriation on November 8, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

(a) The mortgagee may exercise by subrogation the right to claim the delivery of money or other things in lieu of the mortgaged property which is to be received by the owner of the mortgaged property due to the loss, damage or expropriation of the property which is the object of the mortgage, but shall seize it before payment or delivery is made, and the owner of the mortgaged property has received money, etc. on the basis of the right to claim the delivery before the mortgagee seizes the right to claim the delivery of the money or other things.