1. Of the instant lawsuit, the part concerning the claim for 40,000,000 won and damages for delay shall be dismissed.

2. The plaintiff's remainder.

1. Basic facts

A. On July 8, 2013, the Defendant purchased a 109845 square meters of D forest land (hereinafter “instant land”) from Seo-si, Seo-si (Seoul) and completed the registration of ownership transfer with the original cost and the Defendant’s shares 1/2.

B. On August 18, 2013, the Seocho Saemaul Savings Depository loaned KRW 80,000,000 to the Plaintiff on July 18, 2018, with the repayment date set as the repayment date. On the same day, the Plaintiff was granted a right to collateral security of KRW 104,000,000 with respect to the instant land as collateral.

C. On October 16, 2013, the Defendant drafted to the Plaintiff a certificate of debt fact with the following content:

(hereinafter referred to as “instant arrangement”). - A - The joint and several sureties of the Plaintiff: The Plaintiff: (a) the joint and several sureties of the instant agreement with the Defendant based on a written confirmation of the fact of the obligation; (b) the amount of KRW 40,00,000 out of KRW 80,000,000, which was loaned under the name of the Defendant at the Seocho Saemaul Community Depository on July 18, 2013 as security, was confirmed as the secured obligation of the Party A, and the Party A agreed to pay the interest at the passbook of the loan of Party B by the time of the repayment of the obligation; and (c) the joint and several sureties agreed to jointly and severally perform the obligation when the obligation is not performed

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 and 2-1, purport of whole pleadings

2. The parties' assertion

A. Although the Plaintiff agreed to pay the Plaintiff KRW 160,00,000 per month interest on KRW 40,000,000, the Defendant did not pay the interest for 41 months. Therefore, the Defendant is obliged to pay the Plaintiff KRW 46,560,000 in total and KRW 46,560,000 in 41 month.

B. The repayment date of the principal amount of the Defendant 40,000,000 won still remains, and since the interest was fully repaid, the Defendant cannot respond to the Plaintiff’s claim.

3. Determination

A. The content of the instant agreement is as follows: (a) the instant agreement provides a monthly interest of KRW 40,000,000,000, out of KRW 80,000,000, out of the loans to the Chang Chang Saemaeul Community Depository in the name of the Plaintiff; and (b) the Defendant actually bears the Defendant’s obligation to pay interest of KRW 40,000.