1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 8, 2010, the Plaintiff borrowed KRW 40 million from the Defendant as 3% per month interest, and completed the registration of creation of a mortgage on each real estate indicated in the separate sheet (hereinafter “registration of mortgage of this case”) with the maximum debt amount of KRW 48 million as to each real estate indicated in the separate sheet.

B. By May 24, 2013, the Plaintiff paid a total of KRW 16.2 million to the Defendant as the principal for interest or delay damages, and paid KRW 40 million as the principal on May 24, 2013.

C. The interest or delay damages on the above loan until May 24, 2013 are KRW 35,572,602 [the principal = 40,00,000 x annual interest rate within the scope of the Interest Limitation Act x 30% x 1,082 days (from June 8, 2010 to May 24, 2013) ± 365 days];

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 1, 2, the purport of the whole pleadings

2. On May 24, 2013, the Plaintiff and the Defendant agreed that when the Plaintiff repaid the principal on May 24, 2013, the Defendant would cancel the registration of the instant right to collateral security, and that the registration of the instant right to collateral security should be cancelled since the Plaintiff fully repaid the principal amount of KRW 40 million to the Defendant on the same day. However, there is no evidence to acknowledge the agreement of the Plaintiff’s assertion, without merit.