1. The Plaintiff (Counterclaim Defendant) paid KRW 31,238,261 to the Defendant (Counterclaim Plaintiff) and its related amount from June 30, 2015 to October 2, 2015.

1. On March 13, 2013, the Plaintiff agreed to sell the instant vehicle to Defendant A at KRW 51,000,000, a 25 passenger seated vehicle (hereinafter “instant vehicle”). The vehicle price shall be paid in installments, but if Defendant A paid the vehicle price in full, the Plaintiff agreed to the person designated by Defendant A to complete the registration of transfer of the instant vehicle.

Defendant A paid KRW 7,00,000 to the Plaintiff on the day of the instant agreement, and paid KRW 24,000,000 on March 20, 2013. The Plaintiff, on the grounds that the amount of loans related to the instant vehicle differs from the initial agreement, and the Plaintiff returned KRW 17,00,000,000 to the Defendant during 17 times from June 12, 2013 to October 15, 2014.

The Plaintiff received the instant vehicle as a collateral to Hyundai Social Co., Ltd., and Defendant A paid KRW 9,874,380 (i.e., KRW 493,719 x 20) as interest on the said loan for 20 months each month following the instant agreement.

At the request of modern social corporation, the procedure for the auction of the instant vehicle was initiated as Busan District Court D with respect to the instant vehicle, and the Defendant A delivered the instant vehicle to the enforcement officer on May 27, 2015 in accordance with the above auction procedure.

[Reasons for Recognition] The entry of confessions (Article 150(3) of the Civil Procedure Act), Eul's evidence Nos. 1, 2, 5, and 6, and the purport of the whole pleadings

2. Determination on the main claim

A. The part of the claim against Defendant A should be 4,218,620 won (=14,093,000 won - 9,874,380 won - 9,620 won) out of the loan interest amount of KRW 51,00,00 under the instant agreement and the loan interest of KRW 14,093,00 that Defendant A had to have paid to Hyundai Social after March 13, 2013, even if the Plaintiff’s assertion was based on the unpaid interest amount of KRW 5,018,620, the unpaid interest amount of KRW 4,218,620 (i.e., KRW 14,093,00 - 9,874,380). This part of the claim against Defendant A

A total of 56,018,620 won is sought.

As to this, Defendant A started the auction procedure for the instant vehicle.