1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

1. Basic facts

A. The Plaintiffs paid KRW 175,00,000 to the Defendant on May 9, 2005 at the maturity of December 31, 2010 and at the rate of 13.8% per interest rate.

(hereinafter referred to as the “instant claim”). B.

On May 10, 2005, the Plaintiffs completed the registration of creation of a mortgage over KRW 205,00,000 with respect to the land and building owned by the Defendant, Daegu Northern-gu, Daegu-gu, and the ground building.

C. Since then, upon the Defendant’s motion, the Daegu District Court D with regard to each of the above real estate, the auction of real estate was conducted. The Plaintiffs claimed as a mortgagee of the said distribution procedure the amount of KRW 228,394,348 (= principal amount KRW 53,394,348) as a mortgagee of the right to collateral security (= principal amount KRW 175,000,000) and received dividends of KRW 145,858,156 on May 28, 2008.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 6-1, 2, 7-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Thus, the defendant is liable to pay the plaintiffs the remaining money and damages for delay obtained by deducting the money paid in the above auction procedure from the principal and interest of the claim of this case.

B. The Plaintiffs’ dividends paid on May 28, 2008 KRW 145,858,156 were first appropriated for interest of KRW 53,394,348 (Article 479 of the Civil Act), and the remainder of KRW 92,463,808 (=145,858,156 - 53,394,348) shall be appropriated for principal.

As above, the principal remaining after being appropriated as above is KRW 82,536,192 (=175,000,000 – KRW 92,463,808).

(c) Where there are several obligees, each obligee shall, in the absence of any special agreement, have rights in equal ratio;

(See Article 408 of the Civil Act). Since there seems to be no special circumstance to set forth the ratio of rights between the plaintiffs, who are co-creditors in this case, the plaintiffs are entitled to equal ratio of rights to the claims in this case.

Therefore, the defendant each of the plaintiffs amounting to KRW 41,268,096 (=82,536,192 ±2) and the original copy of the decision of the payment order of this case from May 29, 2008, which is the day after the date of distribution.