1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 30, 2012, the Plaintiff agreed to lend KRW 240,00,000 per annum with the Defendant at an interest rate of 21.6% per annum, overdue interest rate of 39% per annum, and due date of repayment on August 30, 2013 (hereinafter “instant loan”). On August 31, 2012, the Plaintiff transferred KRW 240,000,000 to the Defendant’s account under the name of the Defendant, and completed the registration of the establishment of a neighboring building (hereinafter “the creation of a neighboring building”) of the Defendant and the Plaintiff of the collective security (hereinafter “the instant building”).

B. From November 2012, the Defendant did not pay the agreed interest on the instant loan from around November 201, and the Plaintiff filed an application for voluntary auction on the instant building with the claim amount of KRW 360,000,000 with the Suwon District Court Suwon District Court B.

(hereinafter “instant auction procedure”). C.

On June 2, 2015, the Plaintiff submitted a statement of claim amounting to KRW 360,00,000 (the Promissory Notes) at the instant auction procedure. On June 11, 2015, the said court drafted a distribution schedule (hereinafter referred to as “instant distribution schedule”) with the content that distributes KRW 1,081,610 (the dividend rate of KRW 100), 360,000 (the dividend rate of KRW 100), 39,504,878 (the dividend rate of KRW 100) to the Defendant, and 39,504,878 (the dividend rate of KRW 100) to the Defendant.

On the other hand, on the date of distribution of this case, the Plaintiff raised an objection against the total amount of KRW 39,504,878 against the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution of this case.

[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) the principal and interest of the instant loan obligations until June 11, 2015 KRW 426,166,356; (b) the interest rate of KRW 240,00,00 per annum 21.6% per annum; (c) the interest rate of KRW 30,000 per annum under the Interest Rate Limitation Act was limited to the interest rate of KRW 30,000,000 per annum; and (d) the Plaintiff paid KRW 360,000,00