1. The Defendant shall pay to the Plaintiff KRW 62,014,071 and the interest rate of KRW 15% per annum from April 23, 2016 to the date of full payment.

1. In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including the provisional number), the facts that the defendant obtained a loan of KRW 56,00,00 from the former Daisan Dairy Agricultural Cooperative on March 25, 200, and the plaintiff obtained a security for the above loan obligation on the same day, which is the security for the above loan obligation on the same day by the plaintiff, for the above association's maximum debt amount of KRW 72,80,000,000 for the above association with respect to the building and its ground, and the registration of creation of a mortgage over the above loan amount of KRW 12,00,00 for the above association's maximum debt amount of KRW 72,80,00,00 for the above loan, the above association which did not repay the above loan to the defendant, applied for an auction (E) with respect to the real estate in this case to a third party on December 9, 2015, while the association received a dividend of KRW 62,014,71.

2. According to the above facts finding as to the cause of the claim, the Plaintiff lost the ownership of the instant real estate that the Plaintiff provided as physical security during the above auction procedure, and the Defendant became exempted from the above loan, so the Plaintiff has the right to indemnity against the Defendant as much as the amount paid by the said partnership pursuant to Articles 370 and 341 of the Civil Act. As the Defendant is liable to pay to the Plaintiff the amount of KRW 62,014,071 corresponding to the above dividends and the damages for delay calculated at the rate of 15% per annum as the Plaintiff seeks, from April 23, 2016, to the date of full payment.

3. As to the Defendant’s assertion, the Defendant asserted that at the time of the above physical guarantee, the Plaintiff and the Defendant agreed to the implied agreement not to exercise the right to indemnity.

Since there is no evidence to prove that there was the above agreement, the defendant's assertion is without merit.

4. Accordingly, the Plaintiff’s claim is accepted as reasonable.