배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court’s explanation of this case are the same as the reasons for the judgment of the court of first instance, and thus, it shall accept this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. On May 18, 2012, the Plaintiff asserted that, inasmuch as C fully pays the principal of KRW 100,000,000 and interest KRW 7,707,767 to the Plaintiff on March 3, 2008, the amount of KRW 100,000 and KRW 100,000,00,00, and the amount of KRW 7,707,767, are 255 square meters (per 1,048 square meters per 1,000,000 square meters per 255,000 square meters for securing the above loan, among them on May 16, 2012, the amount of KRW 49,643 square meters is F, 10,000,000 and is divided into H, and 100,000,000,000,000,000) were paid to the Plaintiff on March 3, 2008.
B. Therefore, the Defendant paid the principal and interest of the loan as of March 3, 2008 to C on May 18, 2012, but the repayment period of the loan was not yet due on May 21, 2012. Thus, the Defendant cancelled the repayment of KRW 30 million and cancelled the repayment of KRW 30 million and returned it. As seen above, it cannot be said that the secured debt of the instant right to collateral security was fully repaid.
C. Furthermore, in the event that a collateral security is established for the purpose of securing all future obligations, etc. that may arise with respect to a specific type of transaction, it cannot be deemed that the collateral security has ceased to exist on the ground that the amount of the loan was temporarily repaid within the collateral period.
However, according to the purport of Eul evidence No. 11 and all pleadings in this case, C is the defendant and the right to collateral security on February 29, 2008.