1. The plaintiff's claim is dismissed.

2. This Court shall have jurisdiction over the cases of application for suspension of enforcement by this Court 2018 Chicago346.

1. Facts of background;

A. On October 3, 2008, the Plaintiff and the Defendant made an agreement with the purport that “the Defendant shall make a loan to the Plaintiff with the interest rate of KRW 7,000,000 per annum 2% (24%) per annum, 3% per annum (36%) per annum, and the due date of repayment as of October 11, 2017,” and signed and sealed each of them.

On October 6, 2008, in order to secure the obligation under the above agreement, the Plaintiff entered into a mortgage agreement with the Defendant and the instant land with the maximum debt amount of KRW 9,00,000, and with the Plaintiff and the mortgagee as the Defendant, and completed the registration of the instant mortgage on October 9, 2008.

In addition, the Plaintiff received KRW 7,000,000 in cash on October 3, 2008.

“The” signed and sealed a receipt stating the contents and delivered it to the Defendant.

B. From October 208 to August 2010, the Plaintiff paid KRW 140,000 per month to the Defendant, KRW 50,000 on August 30, 2010, KRW 120,00 per month over 51 times from September 2010 to November 2014, KRW 2,00,000 on November 30, 2014, and KRW 40,00 per month over three times from December 2014 to February 2015, respectively.

C. Based on the registration of the instant collateral security, the Defendant applied for a voluntary auction of real estate on the instant land to Daegu District Court resident support D, and the said court rendered a decision to commence the auction of the instant land on August 8, 2018.

After filing the instant lawsuit, the Plaintiff filed an application for the suspension of the said auction procedure, and this court rendered a decision to accept the application on August 27, 2018, subject to the offer of collateral.

[Ground of recognition] Each entry in Gap evidence Nos. 1, 2, 5, 6, and Eul evidence Nos. 1 (including branch numbers), and the purport of the whole pleadings

2. On October 3, 2008, the Plaintiff asserted that: (a) borrowed KRW 3,500,000 from the Defendant as interest rate of KRW 4% per month; (b) received only KRW 2,50,000 after deducting KRW 1,00,000 as expenses; and (c) received only KRW 1-B from October 208 to March 2015.

interest, as described in paragraph (1).