1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 24, 2004, C established the right to collateral security of KRW 250 million with respect to part of E’s share among the 33,124 square meters of forests and fields D, Gwangju-si, Gwangju-si (hereinafter “instant real estate”).

B. On November 29, 2004, F created the right to collateral security of KRW 150 million with respect to the entire share of E among the instant real property.

C. On June 9, 2005, G was transferred with C’s above collateral, and on the same day, G additionally set the maximum debt amount of KRW 200 million with respect to the whole share of E out of the instant real estate.

On October 11, 2006 at the request of G, the voluntary auction procedure was initiated for the entire shares of E in the instant real estate as Sungwon District Court Sungnam Branch H with Sungnam Branch.

(hereinafter “instant auction procedure”). (e)

In the instant auction procedure on June 29, 2007, the distribution schedule was prepared to distribute KRW 9,255,376 to the first mortgagee G on the date of distribution to the second mortgagee G, KRW 161,952,795, KRW 1329,558, and KRW 9,255,376 to the third mortgagee G on the date of distribution.

F. Around July 15, 2007, the Defendant was liable to the Plaintiff for the collection of KRW 130,000,000,000 for D collateral security. If G does not have to distribute, the Defendant’s payment of KRW 20,000,000 to the Plaintiff, respectively, (hereinafter “each of the instant notes”). On the same day, the Defendant issued a promissory note with KRW 20,000 at face value to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion asserts that the Plaintiff lent KRW 20 million to the Defendant, and sought payment of KRW 20 million and delay damages therefrom.

The plaintiff asserts as follows with regard to its circumstances.

① On July 15, 2007, the Plaintiff lent KRW 20 million to the Defendant.

At the time, G received dividends in the auction procedure of this case.