1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 11, 2009, the Plaintiff lent interest amounting to the Defendant KRW 15,00 (15,000 per month interest) and KRW 5,00,000 per month on March 11, 2010. On July 24, 2009, the Plaintiff lent the Defendant a monthly interest amounting to KRW 3%, the due date for payment was determined as July 24, 2010, and KRW 10,000 as of July 24, 2010. The interest amount on December 21, 2009 appears to have been 30% per month (3%) and the due date was determined as December 21, 2010 and lent KRW 20,000,000.

(F) In the following, each of the above loans is “each of the loans in this case.” The Defendant’s mother C jointly and severally guaranteed the Defendant’s obligations under each of the loans in this case.

On December 11, 2008, the Defendant established a right to collateral security, which caused 18 million square meters of the maximum debt amount, with respect to 902 square meters of land owned by the Defendant, to the Plaintiff on December 11, 2008. On June 25, 2009, the Defendant created a right to collateral security, which caused 30 million won of the maximum debt amount with respect to the said land.

(B) On June 25, 2014, the Plaintiff received a dividend of KRW 48 million, which is the sum of the maximum debt amount of each of the instant collateral security interests, in the real estate auction procedure commenced as Yong-gu District Court Yong-Support E with respect to the said land.

At the time, the Plaintiff reported the amount of credit to KRW 66,961,972 (principal KRW 36,00,000, interest KRW 30,961,972).

[Grounds for recognition] In light of the above-mentioned facts without dispute, Gap evidence 1-3, Gap evidence 1-2-1 through 3, Gap evidence 4-1-6, Gap evidence 5-7, Gap evidence 5-7, and the whole purport of the pleading, the plaintiff must return to the plaintiff the total amount of 35 million won of each of the loans of this case (5 million won) and pay damages for interest or delay.

The defendant's assertion of repayment regarding the defendant's assertion is determined. Each loan claim of this case is the secured debt of each of the instant right to collateral security, and the plaintiff receives the maximum debt amount during the real estate auction procedure.