1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 29, 2010, the Plaintiff lent KRW 25,000,00 to the Defendant. In order to secure the repayment of the loan, the Defendant completed the registration of the establishment of a neighboring mortgage with respect to the same maximum debt amount of KRW 25,00,000 for Ulsan-gun, Ulsan-gun, Seoul (hereinafter “instant land”) and the same maximum debt amount of KRW 638,00 (hereinafter “instant land”).

B. On May 14, 2013, the Plaintiff demanded the Defendant to pay KRW 25,00,000 to May 31, 2013 by way of content-certified mail. Nevertheless, on August 9, 2013, the Plaintiff, who was not the Defendant, filed an application for voluntary auction on the instant land upon the registration of the establishment of a mortgage, with the Ulsan District Court D’s claim for the loan amounting to KRW 25,00,000 against the Defendant as the claim for the loan amounting to KRW 25,00,000 against the Defendant.

C. On August 12, 2013 regarding the Plaintiff’s application for voluntary auction, the above court rendered a decision to commence voluntary auction. On the date of distribution held on April 24, 2014 in the auction procedure for the instant land, the Defendant received dividends of KRW 25,00,000, which is the entire claim amount, in the second order following the Ulsan Metropolitan City, Ulsan Metropolitan City, the holder of the right to deliver the relevant tax, as a mortgagee.

The Plaintiff asserted that, on July 18, 2013, U.S. District Court 2013Gaso29212, the Plaintiff loaned KRW 10,000 to the Defendant in addition to the above KRW 25,000,000,000 to the Defendant. The Plaintiff filed a lawsuit seeking payment of KRW 10,000,000 against the Defendant and received a favorable judgment in the above court on October 1, 2013.

Accordingly, the appellate court (court No. 2013Na5831) that the Defendant appealed and proceeded with, on January 24, 2014, rendered a ruling of recommending reconciliation to the effect that “the Defendant shall pay KRW 14,000,000 to the Plaintiff until February 28, 2014,” and the said ruling became final and conclusive without any objection of the Plaintiff and the Defendant.

On February 19, 2014, the Defendant paid the Plaintiff KRW 14,000,000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination on the cause of the claim.