A. On September 5, 2006, the Defendant concluded a mortgage contract with C on five parcels of land and one building located in Pyeongtaek-si D (hereinafter collectively referred to as “D real estate”) located in Pyeongtaek-si, which is owned by C, with the maximum debt amount of KRW 520 million. On the same day, the Defendant loaned KRW 400 million to C on September 6, 2006 after completing the registration of the establishment of the neighboring real estate in accordance with the above contract.

(B) The above collateral security (hereinafter referred to as the “mortgage”) is the “mortgage” in 2006 and the above loan is the “loan” in 2006.

B. On January 26, 2012, the Defendant concluded a mortgage agreement with C on the land of Pyeongtaek-si owned by C (hereinafter “instant land”) with the maximum debt amount of KRW 195 million. On the same day, the Defendant loaned KRW 150 million to C on the same day after completing the registration of creation of a neighboring mortgage on the instant land in accordance with the aforementioned agreement.

(hereinafter the above right to collateral security is the "mortgage of this case" and the above loan is the "mortgage of this case".

(1) The contents, etc. of the written contract to establish a mortgage and the written contract to establish a mortgage in 2006 and in 2006, the Defendant and C used a written contract to establish a mortgage which had been printed by the Defendant in the same text in advance at the top of the cover of each of the above written contract to establish a mortgage. (2) Of the contents of the contract, Article 1 subparagraph 1 of the Act on the scope of the secured obligation states that “a creditor may choose any of the following three types: (a) a creditor may choose a person who has established a mortgage; and (b) a person who has established a mortgage shall guarantee the obligation prescribed by the Act; and (c) the official document aims to specify the type of the secured obligation at the expense of the person who has established the mortgage; and (d) divide the type of the secured obligation into “specific collateral”, “limited collateral security”, and “general collateral security”, whichever is medium.