1. The defendant shall pay 10,00,000 won from the plaintiff and 25% per annum from December 21, 2019 to the date of complete payment.

1. The plaintiff's assertion

A. On June 5, 2015, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) on the real estate indicated in the attached list owned by the Plaintiff as a mortgagee and the maximum debt amount of KRW 12,000,000 on the real estate indicated in the order to secure the loan of KRW 10,000,000 at an annual interest rate of 36%, without setting the due date for repayment from the Defendant.

B. Afterward, the Plaintiff borrowed a total of KRW 20,000,000 from the Defendant on June 22, 2015, and KRW 5,000,000 on July 13, 2015, and KRW 20,000,000 on August 4, 2015 at the annual interest rate of KRW 36%. The period for repayment of each of the above loans was set on December 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, 2, Eul evidence 3-2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion (1) around May 13, 2016, the Plaintiff and the Defendant agreed to exempt all of the interest obligations remaining after considering the interest paid by the Plaintiff with respect to each of the loans (1) above and (4) from the principal, and to repay only KRW 30 million.

(2) According to the aforementioned agreement, the Plaintiff paid to the Defendant the principal of the loan amounting to KRW 5,00,000 on January 3, 2019, KRW 5,000,00 on February 28, 2019, KRW 5,000,000, and KRW 20,000 on December 20, 2019, and thus, the registration of creation of a neighboring mortgage in which the secured obligation has been fully extinguished should be cancelled.

B. (1) The Plaintiff and the Defendant, as alleged by the Plaintiff, agreed on May 13, 2016, to exempt all of the interest obligations of each of the above loans (1) through (4), and there is no evidence to prove that the Plaintiff agreed on the exemption of all of the interest obligations of each of the above loans.

(2) Meanwhile, the fact that the Plaintiff paid interest of KRW 9,160,000 in total on 29 occasions between July 6, 2015 and June 8, 2016 on each of the above loans does not conflict between the parties. Furthermore, the Defendant is a party to each of the above loans as between the Plaintiff and the Plaintiff on December 20, 2016.