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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On May 15, 2008, the Plaintiff borrowed 80 million won at the monthly interest rate of 3% from the Defendant, and in order to secure this, the Plaintiff created a collateral security against the Defendant with respect to the Seocho-gu Seoul, Seocho-gu E, Seoul, and its ground (hereinafter “instant real property”) with a maximum debt amount of 160 million won.
B. The Plaintiff’s KRW 10 million on December 23, 2009, KRW 50 million on December 31, 200, KRW 3 million on January 13, 2010, and the same year
4. 13.2.5 million won, and the same year.
4. 29.25 million won, and the same year.
7. A total of KRW 53 million, including KRW 30 million, was paid.
C. On May 20, 2013, the Korea Investment Savings Bank Co., Ltd. received a decision to commence real estate appointment as C with the Seoul Central District Court on May 20, 2013. On May 22, 2014, a distribution schedule was prepared to distribute KRW 100 million to the Defendant in the auction procedure, and the Plaintiff raised an objection thereto.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The defendant received interest of KRW 80 million from the plaintiff at that time on December 23, 2009, and agreed to exempt interest from interest at the plaintiff's request on December 23, 2009, and received KRW 53 million from the plaintiff as principal, and thus, it is unreasonable to distribute dividends of KRW 100 million to the defendant. 2) The defendant's above loan of KRW 80 million to July 15, 2008 to July 14, 2010 (the agreement applies to KRW 30,000,000 from May 15, 2008 to KRW 30,000 to KRW 270,000,000 from the principal amount to KRW 250,000 from the principal amount to KRW 30,000,000 to KRW 270,000,000 from the principal amount to be paid.