1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was the owner of land D, E, and F 3 lots (hereinafter “instant real estate”).

On August 26, 2011, the Defendant completed the registration of the establishment of a mortgage on the instant real estate, the maximum debt amount of KRW 45 million, and the Plaintiff, the debtor.

B. On December 16, 2015, the competent court distributed KRW 45,00,000, the maximum debt amount, and KRW 900,307, the remaining surplus to the Plaintiff, the owner, as the mortgagee, to the Defendant, who is the right to collateral security.

The plaintiff raised an objection against the amount of dividends on the date of distribution.

C. The Plaintiff paid each of the Defendant KRW 7 million on August 26, 201, KRW 10 million on October 27, 2013, and KRW 10 million on March 31, 2014.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 3, purport of whole pleadings

2. The parties' assertion

A. On August 25, 201, the Plaintiff borrowed KRW 30 million to the Defendant at an interest rate of 3% per month, and set up a collateral on the instant real estate as the maximum debt amount of KRW 45 million. 2) The Plaintiff paid to the Defendant KRW 10 million on August 26, 201, KRW 700,000,000 on October 27, 2013, and KRW 10 million on March 31, 2014, respectively.

3) However, the agreement on the above loan exceeds 30% per annum as stipulated in the Interest Limitation Act, and thus, the agreement on the loan is null and void. On December 16, 2015, the Defendant’s credit amount on December 16, 2015, is merely KRW 31,772,004,00,000,000. (B) The Defendant’s assertion 1) on December 8, 2010, the Plaintiff borrowed KRW 30 million from the Defendant on December 8, 2010, which was owned by the Plaintiff, set up a collateral security under the Defendant’s father’s name as to the 12,815 square meters

After that, on August 25, 201, when replacing a security upon the Plaintiff’s request, re-written a loan certificate and set up a collateral security on the instant real estate.

2 The plaintiff demanded the defendant to replace a security on or around August 25, 2011.