1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 16, 2013, the Plaintiff borrowed KRW 200 million from the Defendant, and completed the registration of the establishment of a mortgage over KRW 260,00,00 won of the maximum debt amount with respect to Guro-gu Seoul Metropolitan Government 116 Dong-dong 1002 (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). B.

On April 15, 2014, the Plaintiff agreed to borrow 200 million won again with the Defendant for three months (hereinafter “instant monetary loan agreement”). The Plaintiff agreed to use the instant collateral security right as collateral for the instant loan loan’s obligation from the Plaintiff’s standpoint, and from the Defendant’s standpoint, the Defendant loaned money to the Plaintiff pursuant to the instant monetary loan agreement.

C. On April 15, 2014, the Defendant paid KRW 189.4 million to the Plaintiff.

At the request of the Defendant, the auction procedure was commenced to exercise the security right to the Seoul Southern District Court C with respect to the instant real estate.

(hereinafter “instant auction”) e.

In the instant auction procedure, the Defendant reported that the principal and interest of the loan was KRW 226,00,000, and the Seoul Southern District Court, on May 21, 2015, prepared a distribution schedule to distribute all the remaining amount of KRW 193,554,753 to the Defendant (hereinafter “instant distribution schedule”).

F. On May 21, 2015, the Plaintiff appeared on the date of distribution and raised an objection against KRW 6,370,620 out of the amount of distribution to the Defendant, and thereafter filed the instant lawsuit on May 28, 2015.

[Reasons for Recognition: Facts without dispute, Gap 2, Gap 3's each entry, the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff agreed to borrow KRW 200 million at the time of the instant monetary loan agreement, and that the difference between the agreed KRW 200 million and the Defendant’s remitted KRW 189.4 million shall be deducted as advance interest and the fees of a certified judicial scrivener.