1. The case of request for a voluntary auction of real estate C in Suwon District Court, prepared on July 6, 2016 by the said court.

1. Basic facts

A. On February 17, 2012, the Defendant: (a) lent KRW 50 million to the Plaintiff at a rate of 30% per annum on June 6, 2012 (hereinafter “instant loan”); and (b) on the same day, set the maximum debt amount of KRW 1066 square meters and above-ground buildings owned by the Plaintiff (hereinafter “instant real estate”) at KRW 75 million with respect to the building owned by the Plaintiff, the Defendant completed the registration of creation of a collateral security (hereinafter “instant collateral security”) by setting the maximum debt amount as KRW 75 million.

B. The Plaintiff paid 3.75 million won as the same day interest to the Defendant, and paid 5.5 million won as the interest from February 12, 2014 to June 10, 2015.

C. On August 26, 2015, the Defendant filed an application for the commencement of voluntary auction on the instant real estate based on the instant collateral security, and rendered a decision to commence voluntary auction on the instant real estate with the Suwon District Court Branch C, which led to the progress of the auction procedure.

(hereinafter “instant auction procedure”). D.

On July 6, 2016, in the instant auction procedure, the distribution schedule was formulated to distribute the amount of KRW 75 million to the Defendant, the maximum debt amount of KRW 31,912,328, and the amount of KRW 7,931,795, to the Plaintiff, who is the debtor and the owner (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. On August 2015, the Plaintiff agreed to determine the principal and interest of the instant loan as KRW 75 million between the Plaintiff’s agent E and the Defendant, and the amount of dividends against the mortgagee should be limited to the maximum debt amount. As such, the Plaintiff asserts that the amount of dividends against the Defendant should be limited to KRW 75 million, and the Defendant asserts that the amount of dividends against the mortgagee should be limited to KRW 75 million.

B. The Plaintiff asserted that since the Defendant paid only the remaining KRW 4,625,00,00 (=50 million - 3,750,000 won) remaining after deducting the Defendant’s interest of three months prior to the lapse of 3,750,00 won from the Plaintiff, the principal and interest of the instant loan should be calculated based on the principal amount of KRW 46,25,00,000.