1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from October 20, 2014 to June 8, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 18, 2013, the Plaintiff and the Defendant agreed to lend 12% interest rate of KRW 100 million to the Defendant on a yearly basis and 24 months due date, but the effect of the loan for consumption was set at the time when the Plaintiff deposits KRW 94 million with the Defendant’s account after deducting the Plaintiff’s interest rate of KRW 6 million prior to six months.

On December 20, 2013, the Plaintiff transferred 94 million won after deducting 6 million won as the Defendant’s passbook as the Defendant’s passbook.

B. At the time of the above agreement, the Plaintiff and the Defendant established the right to collateral security on five apartment units, including the 1, 304, 502, 503, 504, and 604 (hereinafter referred to as only the apartment units, which are owned by the Defendant, in order to secure the loan, and agreed to cancel the right to collateral security on an apartment corresponding to the repayment amount when the Defendant repaid the loan. Accordingly, on December 19, 2013, the Plaintiff completed the registration of the establishment of the right to collateral security on each of the five apartment units, the maximum debt amount of which is KRW 24 million.

C. On May 28, 2014, the Plaintiff paid KRW 20 million from the Defendant, and cancelled the registration of the right to collateral security (hereinafter “right to collateral security”) under 503. On November 4, 2014, the Plaintiff paid KRW 20 million and cancelled the registration of the right to collateral security (hereinafter “right to collateral security”).

In addition, the plaintiff did not receive the loan on September 29, 2014, but upon the request of D, the plaintiff cancelled the registration of collateral security in 304.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the principal claim is seeking payment of the outstanding loan amounting to KRW 60 million and the interest or overdue interest accrued from June 20, 2014.

The defendant asserts that the plaintiff's substitute plaintiff's loan 60 million won for the plaintiff's loan 60 million won was fully repaid to the plaintiff's substitute plaintiff's loan Do, and sought cancellation of the registration of each right to collateral security in 504 and 604 as a counterclaim.

(b) Judgment 1.