1. The Defendant’s KRW 110,000,000 as well as the Plaintiff’s annual rate from October 24, 2009 to September 1, 2016, and the following.

1. Facts of recognition;

A. On May 18, 2007, the Defendant borrowed KRW 380,000,000 from the Vindication Fisheries Cooperatives (hereinafter “Spotteries”).

B. On May 17, 2007, upon the Defendant’s request, the Plaintiff completed the registration of creation of a neighboring mortgage (494,000,000 maximum debt amount), which is 494,00,000 won for the Vindication-si 107-dong 1601 (hereinafter “the apartment of this case”) holding the Plaintiff as security for the above loan on May 17, 2007 at the Plaintiff’s request.

C. Of the above loans, the Defendant repaid the Plaintiff’s existing collateral security debt on the instant apartment as KRW 270,000,000, and the remainder KRW 110,000 was used by himself.

Since then, as the defendant did not pay the principal and interest of the apartment, the potteries filed an application for an auction to exercise the security right, and the apartment of this case was sold on September 29, 2009 in the auction procedure.

The Vindication was allotted KRW 458,096,781, which is the full amount of dividends to be distributed on October 23, 2009.

2. Determination

(a) If a person who has created a right to collateral security for securing another person's obligation to pay a indemnity has discharged his obligation or has lost the ownership of the property mortgaged by the execution of the right to collateral security, he shall have the right to indemnity against the debtor pursuant to the provisions

In such cases, the right to indemnity shall include legal interest, expenses which may not be avoided, and other damages after the date of exemption.

(Article 370, 341, and 425(2) of the Civil Act). The Plaintiff created the said right to collateral security in order to secure the Defendant’s obligation, and the Plaintiff lost the ownership of the instant apartment due to the enforcement of the right to collateral security, and thus, has the right to demand reimbursement against the Defendant.

Furthermore, I examine the amount of indemnity.

Of the instant loans, KRW 270,000,000 was used for the repayment of the Plaintiff’s existing collateral security obligation, and thus, the possium 458,096,781 (= Principal KRW 380,000,000, KRW 85,460,285) was used for the repayment of the Plaintiff’s existing collateral security obligation, and as to the interest amount of KRW 270,00,000 and its interest amount, the Plaintiff actually owes its own obligation.