1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around December 17, 2010, the Plaintiff borrowed KRW 150,000,000 from the Defendant, and failed to repay. On June 23, 2014, the Plaintiff: (a) determined the interest rate of KRW 200,000,000 as the leased principal, plus the interest, etc.; and (b) decided the interest rate of KRW 10,000,000 as the annual interest rate to the Defendant until June 30, 2015; and (c) set up a collateral security of KRW 300,00,000 with respect to real estate owned by the Plaintiff, such as the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, 323 square meters (hereinafter “instant collateral security”).

B. On May 9, 2016, the Plaintiff failed to repay the principal and interest of the loan, and the procedure of the auction of real estate was initiated on the basis of the instant collateral for the instant collateral to Daejeon District Court D, based on the Defendant’s application.

C. Accordingly, the Plaintiff requested the Defendant to withdraw the voluntary auction, where the Plaintiff would pay KRW 300,000,000 to the Defendant.

After that, on August 8, 2016, the first sale date of the said real estate auction procedure, the Plaintiff paid KRW 40,000,000 to the Defendant as part of its payment on August 8, 2016, and upon submitting an application for the extension of sale on the same day, the sale date of the real estate auction procedure was changed.

On December 7, 2016, the Plaintiff paid the remainder of KRW 260,000,000, and the Defendant withdrawn the application for the auction of real estate on December 7, 2016.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 1 to 3 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that, at the time of the agreement on June 23, 2014, the principal amount was set at KRW 200,00,000 and interest rate of KRW 10% per annum. Based on this, the Plaintiff calculated the principal and interest amount of KRW 249,205,479 up to December 7, 2016. As such, the Defendant shall return to the Plaintiff the amount exceeding KRW 50,794,521 (=300,000-249,205,479) in excess of the amount of KRW 300,000 paid to the Plaintiff.

However, as seen earlier in the basic facts, the Plaintiff would pay 300,000,000 won to the Defendant.