1. The Defendant’s KRW 262,159,820 as well as the Plaintiff’s annual rate from December 1, 201 to December 22, 2015.

1. Basic facts

A. On January 27, 2003, the Plaintiff borrowed money from the Defendant several times for the purpose of the instant gas station business on the ground of the contract on January 25, 2003 with respect to the Plaintiff’s construction of a facility for storage and treatment of dangerous substances on 164.69 square meters for 164.69 square meters, 2nd floor 113.49 square meters (hereinafter “instant gas station site and buildings on the ground of the contract on January 25, 2003, the maximum claim amount was KRW 1.3 billion, the debtor, the debtor, and the mortgagee, the Defendant. The Plaintiff borrowed money from the Defendant on several occasions for the purpose of the instant gas station business.

B. However, on September 1, 2003, the Plaintiff defaulted on September 1, 2003, and the auction procedure was conducted with respect to the gas station of the instant case by Gangnam Branch E (hereinafter “instant auction procedure”). At the time of the bankruptcy, the Plaintiff’s debt to the Defendant was KRW 1,309,764,080.

C. In order to continue to operate the gas station of this case even after the bankruptcy, the Plaintiff agreed with the Defendant to purchase the gas station of this case in the above auction procedure under the name of the Defendant and to complete the registration of ownership transfer with respect to the gas station of this case if the Plaintiff fully pays the Plaintiff the purchase price, registration tax, and incidental expenses, and if the Plaintiff fully pays the Defendant the obligation to the Defendant, then the Plaintiff will complete the registration of ownership transfer (hereinafter “Agreement”).

D. On January 4, 2005, the Defendant purchased gas station of this case as KRW 1,425,00,000 from the above auction procedure in accordance with the agreement of this case, and offset the above purchase price of KRW 1,30,000,00 from KRW 1,30,000,00 from the Defendant’s senior mortgage claim. The Plaintiff directly paid KRW 62,271,292 from the above auction deposit on October 11, 2004, and KRW 52,382,437 from the sale price of April 1, 2005, and the remainder of purchase price of KRW 10,346,271 from the Plaintiff on January 10, 205 after the Defendant first paid the above purchase price.