1. The Defendant shall pay to the Plaintiff KRW 37,100,000 and the interest rate of KRW 15% per annum from February 14, 2017 to the day of complete payment.

1. Facts of recognition;

A. On June 19, 2014, the Defendant: (a) issued and delivered a certificate of rent (Evidence A) with the purport that the Plaintiff borrowed KRW 90 million from the due date on July 18, 2015, the interest rate of KRW 900,000 per month (on the last day of each month); (b) on the same day, the Defendant created a collateral security right against the Defendant and the maximum debt amount of KRW 100,000,000,000,000,000 as the secured debt; and (c) on the same day, the Defendant created a collateral security right against the Defendant and the maximum debt amount of KRW 30,000,000,000

B. On February 1, 2016, the Defendant paid KRW 70 million to the Plaintiff.

C. On December 10, 2015, with respect to the instant real estate owned C, the procedure for the voluntary auction of real estate was initiated (the Jeonju District Court E), and in the said voluntary auction case, the said court drafted a distribution schedule stating that KRW 421,424,412, which is the date of distribution, should be actually distributed to the pledgee of the right to collateral security, shall be KRW 286,000,000,000 to the mortgagee of the right to collateral security, and KRW 10,000,000 to the Plaintiff who is the right to collateral security, and KRW 34,636,512 to C who is the owner.

On December 13, 2016, the Plaintiff received C’s claim against C with respect to the Defendant. On January 17, 2017, C notified the Defendant of the fixed date with respect to the assignment of claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 3-5 and 6, the purport of the whole pleadings

2. The Plaintiff asserts that C acquired the claim for damages against the Defendant arising from the sale of the instant real estate on behalf of C for the Defendant, and sought partial payment of the claim. Therefore, we examine whether C’s damage claim against the Defendant exists.

A. 1) On April 2, 2013, C concluded a sales contract to purchase the instant real estate for KRW 400 million (hereinafter “instant sales contract”) with the Defendant who on behalf of F, the nominal owner of the instant real estate on April 2, 2013 (hereinafter “instant sales contract”).

C) The right to collateral security (hereinafter referred to as “right to collateral security”) established by C in the instant real estate while concluding the agreement.