1. The defendant shall pay 129,00,000 won to the plaintiff and 5% per annum from December 9, 2016 to the day of full payment.

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. The Plaintiff seeking payment of the amount of debt assumed by the Plaintiff from December 9, 2016 to the delivery date of a duplicate of the complaint of this case, the amount calculated by applying the rate of 5% per annum as stipulated by the Civil Act and the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

On the other hand, the third party who has acquired the ownership of the real estate from the owner of the real estate which has created a mortgage to secure another person's obligation is in a position similar to the secured real estate in that the third party loses the ownership of the mortgaged real estate if the mortgage is exercised by the creditor.

In a case where a third party purchaser of a mortgaged real property, which is the object of a real guarantee, has repaid the debt or lost the ownership of the mortgaged property by the execution of the mortgage, the provisions of Articles 370 and 341 of the Civil Act on the right to indemnity of a person who has pledged his/her property, shall apply mutatis mutandis to the right to indemnity against the debtor pursuant to the provisions on the guaranteed obligation (see Supreme Court Decision 97Da8403, Jul. 25, 1997). Article 425(2) of the Civil Act provides, “The right to indemnity shall include the legal interest and expenses which may not be avoided or other damages after

Meanwhile, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is a special provision on statutory interest rate which serves as a basis for calculating the amount of damages due to the nonperformance of monetary obligations in a case where a judgment ordering the performance of all or part of monetary liabilities is rendered. Therefore, Article 3(1) of the Act on Special Cases Concerning Facilitating

Therefore, the plaintiff's claim for this portion exceeds the legal interest rate of 5% per annum under the Civil Act from December 9, 2016 to the date of full payment, which the plaintiff acquired the defendant's debt and discharged the defendant from liability, is without merit.

3. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);