1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 18, 2012, the Plaintiff leased KRW 200 million to the Defendant by setting the interest rate of KRW 6% per annum and the due date until June 30, 2013. As security, the Plaintiff was set up a collateral security right as to the land size of KRW 158,454 square meters in Yangju-si, which is owned by the Defendant.

B. On June 9, 2014, the Defendant repaid KRW 150 million to the Plaintiff.

The repayment amount was appropriated from December 18, 2012 to June 9, 2014, for an agreement and interest for delay calculated at the rate of 17,720,547 won (20 million won x 0.06 x 539/365) and for principal 132,279,453 won (150 million won - 17,720,547 won).

C. On December 27, 2013, the procedure of voluntary auction was initiated as the District Court DD with respect to the forest land above C.

On December 8, 2014, the Defendant received a dividend of KRW 69,746,597,597, total of KRW 67,720,547 ( KRW 200,000 - KRW 132,279,453) and interest calculated at the rate of 6% per annum from June 10, 2014 to December 8, 2014, which was the date of partial repayment, from June 10, 2014, to the date of partial repayment.

[Basic Facts] without dispute; Gap evidence No. 1; the purport of the whole pleadings

2. The Plaintiff’s assertion is compensation for economic and mental losses inflicted on the Plaintiff due to the Plaintiff’s failure to repay the loan by the due date. The Defendant was obligated to pay damages for delay calculated at the rate of 20% per annum from July 1, 2013, following the due date.

Therefore, the Defendant is entitled to seek payment of the unpaid damages, namely, ① from July 1, 2013 to June 9, 2014, which is the date of partial repayment of the principal amount of KRW 200 million from July 1, 2013, ② from June 10, 2014, the sum of KRW 14% (20%) per annum from June 10, 2014 to December 8, 2014, which is the date of partial repayment of the principal amount of KRW 67,720,247, which is the date of partial repayment.

3. According to the above facts of recognition, the defendant interest rateed by 6% per annum on loans to the plaintiff.