1. The plaintiff's claim is dismissed.

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

1. On June 2, 2011, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-registration”) that was registered as a joint collateral with the amount of 129 square meters at each Daegu District Court’s registration office, the maximum debt amount of 10 million won, the debtor G, and the Plaintiff, as the Plaintiff, as the Seoul District Court No. 18606, the registration of establishment of a mortgage-mortgage-mortgage-registration (hereinafter “mortgage-mortgage-registration”).

On June 2, 2011, the Plaintiff, on the day of the instant registration of collateral security, prepared and sent to G, on June 2, 2011, “A” with the content that “GC wishes at any time, at the time, shall be the period immediately after the establishment is terminated. No civil or criminal liability shall be held (money relation).”

[2] Meanwhile, the details of monetary transactions between the Plaintiff and G prior to the establishment of the instant mortgage registration are as follows.

G After the registration of the instant right to collateral security, the Plaintiff remitted to G KRW 8 million on October 24, 201, and KRW 15 million on October 25, 201, and KRW 15 million on October 25, 2011. G remitted to the Plaintiff KRW 15 million on November 22, 2011 and KRW 10 million on December 5, 201.

[3] Even thereafter, the Plaintiff transferred to G KRW 10 million on February 20, 2013, KRW 5 million on February 25, 2013, KRW 15 million on February 25, 2013, KRW 15 million on February 28, 2013, and KRW 20 million on March 8, 2013, and the said money was fully deposited immediately after the transfer.

On March 7, 2013, the Plaintiff and the Defendant drafted a notarial deed of monetary loan for transfer security (No. 253), which was determined as KRW 50 million, due date, March 22, 2013, and interest rate of KRW 30 per annum, by a notary public, who was determined as KRW 50,000,000, and 30% per annum.

[4] In the auction case of this case, which was commenced upon the request of the new bank, a creditor of G, the creditor of the new bank, this court held that on January 16, 2015, the court of this case was 14 million won as the first tenant of small amount, 7.5 million won as the first tenant of small amount, 7.5 million won as the second tenant of small amount, 3,619,390 won as the second tenant, and 3,619,390 won as the second tenant of small