1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On January 20, 2012, the Plaintiff entered into a loan transaction agreement with the Defendant (hereinafter “the instant loan agreement”). On January 25, 2012, the secured debt concluded with the Defendant a limited collateral contract with the obligor as to the amount of KRW 60,000,00 (hereinafter “instant mortgage contract”). On January 25, 201, the Defendant completed the registration of establishment of the right to collateral security on the ground of the instant contract with the Gwangju District Court No. 14399, Jan. 25, 2012 as to the Seo-gu B apartment 301, 100,000 won owned by the Plaintiff, on the same day, the maximum debt amount of KRW 72 million, the Plaintiff, and the Defendant.

(hereinafter “instant collateral security”). The Plaintiff received KRW 60 million from the Defendant on the same day.

B. On the other hand, around April 201, the Plaintiff entered into a loan transaction agreement with the Defendant to obtain a loan of KRW 100 million with an automatic passbook loan (passing passbook loan), and received KRW 100 million from the Defendant on April 20, 201.

C. As of November 7, 2013, each of the above loans owed by the Plaintiff against the Defendant remains in full KRW 60 million, and the above KRW 100 million remains in full. On the same day, the Plaintiff filed an application for individual rehabilitation with the Gwangju District Court 2013da37838 on the same day, and the Gwangju District Court decided to authorize the decision to commence individual rehabilitation against the Plaintiff on February 26, 2014, and on May 28, 2014, the said decision became final and conclusive as is.

(hereinafter “instant repayment plan approval decision”). In the instant repayment plan approval decision, the above loans of KRW 60,00 were treated as the right to foreclose outside bankruptcy, and the above loans of KRW 100 million are classified as individual rehabilitation claims, and the loans of KRW 1,489,013 are classified as individual rehabilitation claims, and the total amount of KRW 89,340,000 each time is 60 times a month.