The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 1, 2019, the Plaintiff entered into a monetary consumption loan agreement with the Defendant as of June 1, 2020 with a loan amount of KRW 40 million, interest amounting to KRW 80,000,000 per month, and due date for payment as of June 1, 2020. As a security therefor, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “registration of creation of a collateral security right”) with the maximum claim amount of KRW 70,000,000 for the real estate listed in the [Attachment] list owned by the Plaintiff (hereinafter “instant real estate”) as of October 1, 2019 as of October 1, 2019.

B. On June 8, 2020, upon the Defendant’s request, the Seoul Western District Court C decided to commence the auction procedure for the instant real estate, and the Plaintiff, as stated in the Defendant’s settlement notice, remitted the amount of accrued interest of KRW 3,200,00, and the amount of accrued interest of KRW 2,804,180 until July 15, 2020, as the Defendant notified the settlement of accounts, to the Defendant’s account.

(c)

After that, on July 30, 2020, the Plaintiff (i.e., Seoul Central District Court Decision 17347 Decided July 30, 2020) totaling KRW 40,736,438 (i.e., the principal of the loan and KRW 40,000,000 and July 2, 2020.

7. A deposit of KRW 24% per annum until 29.29 was made pursuant to Article 487 of the Civil Act (hereinafter “the deposit of this case”).

The fact that the deposit is the cause of the deposit of the above deposit is stated in the purport that “the plaintiff intends to pay the principal and interest of the loan to the defendant, but the defendant refuses to accept it, and deposits shall be deposited.”

[Grounds for recognition] Evidence Nos. 1 through 9, the absence of dispute, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Plaintiff is obligated to implement the procedure for cancelling the registration of the establishment of the right to collateral security (right to collateral security) on October 1, 2019 by remitting and depositing the principal and interest of loans and auction-related expenses under a self-consumption loan agreement to the Defendant on October 1, 2019.

The argument is asserted.

B. A. The Plaintiff did not meet the requirements for the deposit of this case.