1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The Plaintiff asserted by the parties, upon introduction of Nonparty C, transferred KRW 50 million to the account of Nonparty C as designated by the Defendant, while making an agreement on October 15, 2012 to set the Defendant as interest rate of KRW 2% and the due date of repayment on April 14, 2013 (hereinafter “the instant loan”). The Plaintiff transferred KRW 50 million to the account of Nonparty C as designated by the Defendant.

As to the instant real estate, the Plaintiff completed the registration of the establishment of a mortgage near the Jeonju District Court (hereinafter “instant mortgage”) by October 12, 2012, No. 66219, Oct. 12, 2012.

Since then, the defendant paid only 3.5 million won interest from October 15, 2012 to December 31, 2012.

Therefore, the defendant asserts that the plaintiff is liable to pay interest or delay damages calculated at the rate of 20% per annum within the scope of the agreed interest.

There was no fact that the Defendant made the instant loan, and there was no loan from the Plaintiff, nor paid interest to the Plaintiff.

The defendant asserted that his seal imprint was affixed to a certified judicial scrivener by reason of loan fraud, and that there was no fact that the plaintiff did not set up the mortgage of this case in the future.

B. Based on the Supreme Court Decision 68Da2329 Decided February 4, 1969, the Plaintiff asserted that the Plaintiff’s loan of this case as the secured debt of the instant right to collateral security is presumed based on the establishment registration of the instant right to collateral security, but the above Supreme Court decision rejected the grounds of appeal asserting that the mortgagee should presume the existence of the secured debt of the right to collateral security while filing an appeal against the judgment below which accepted the claim for cancellation of the establishment registration of collateral security against the mortgagee, and dismissed the appeal by the mortgagee, contrary to the allegations by the Plaintiff.