1. The Defendant: (a) KRW 35 million to the Plaintiff; and (b) 5% per annum from August 23, 2014 to February 18, 2016 to the Plaintiff.

1. Basic facts

A. On June 17, 201, the Plaintiff completed the registration of the establishment of a neighboring apartment (hereinafter “instant apartment”) with the maximum debt amount of KRW 240 million, and KRW 200 million from the said bank, and withdrawn KRW 135 million out of the loans from the said bank in cash, and then remitted the apartment to the bank in the name of the Defendant, in the name of F, a deposit account in the name of F, to which D (hereinafter “EN”) belongs, as to the Suwon-si, Suwon-gu, Suwon-si, the Plaintiff owned on June 17, 2011.

B. On July 5, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which became a mortgagee, a corporation holding the right to collateral security, and an Ors Savings Bank, with a loan of KRW 200 million from the said savings bank, withdrawn in cash the amount of KRW 170 million out of the loan. On July 5, 2011, the Plaintiff remitted the instant apartment to the deposit account in the name of the Defendant on July 5, 201.

C. On the other hand, on July 5, 2011, the Plaintiff and the Defendant prepared a loan certificate and a receipt (a evidence 1-1; hereinafter “the loan certificate of this case”) stating that “the Defendant visited the Plaintiff’s office of the certified judicial scrivener H located in Seongbuk-gu, Sungnam-gu, Seoul, to receive KRW 350 million from the Plaintiff,” and a mortgage contract with the effect that “the Defendant received KRW 350 million from the Plaintiff,” and that “the mortgage contract of this case” was to set up a maximum debt amount of KRW 350 million with respect to the land of Young-si, Young-si, the Defendant owned by the Defendant, the mortgagee of the right to collateral security, the Plaintiff, and the Defendant (hereinafter “the mortgage contract of this case”), but did not complete the establishment registration of a neighboring mortgage.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5 evidence, Eul 1, 2, 4, and 7 evidence (including numbers; hereinafter the same shall apply), fact-finding results with respect to H, the purport of the whole pleadings

2. The plaintiff's main arguments are as follows: the defendant and the defendant provided the apartment of this case as security and withdrawn the loan in cash, and the defendant paid it to the defendant.