1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff borrowed KRW 50 million from the Defendant at interest rate of KRW 1,00,000 per month (hereinafter “instant loan”). To secure the said claim, the Plaintiff set up a right to collateral security (hereinafter “instant real estate”) with respect to Dongdaemun-gu Seoul DNA apartment 302 (hereinafter “instant real estate”) owned by the Plaintiff, with a view to securing the said claim, as to the maximum debt amount of KRW 70,000 per annum.

B. The Plaintiff paid interest to the Defendant KRW 6 million in 2012, KRW 3 million in 2013, and KRW 14 million in 2014.

C. On July 17, 2014, the Defendant filed with the Seoul Northern District Court C real estate auction on the instant real estate with an application for a demand for distribution stating that “The amount of claims: KRW 50 million, and delay damages of KRW 20% per annum from March 28, 2012 to full payment, and cause for application: KRW 50 million, interest KRW 21 million, and KRW 71 million in total,” with the court of execution.

On April 17, 2015, the execution court distributed dividends of KRW 70 million to the Defendant, who is the mortgagee, at the order of April 17, 2015, and the Plaintiff filed the instant lawsuit on April 24, 2015, stating an objection against the total amount of dividends to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1, 3, 4 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. It is unreasonable to divide the amount of KRW 50 million as principal by demand for distribution of KRW 71 million to the executing court on the ground that the Defendant, as the cause of the claim, received the interest of KRW 14 million as interest of the instant loan from the Plaintiff, and received at least KRW 20 million as the principal, on the ground that it was not paid at all by the Plaintiff.

(b)interest on the interest claim entered in the invoice submitted not later than the completion date for the demand for distribution of judgment, which has arisen on the date of distribution, may be included in the dividend.

According to the above facts of recognition, interest on the loan of this case, which was unpaid until April 17, 2015, on the date of distribution, exceeds 22 million won (=(1 million won per month x 36 months) - 14 million won). Thus, the defendant in this case.