대여금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. This Court.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) it is written in the same manner as “the part used by the court of first instance,” or (b) it is identical to the reasons for the judgment of the court of first instance, except for the addition of “3. Additional Judgment” as to the assertion that the plaintiff addss to this court; and (c) it is acceptable
2. Parts to be dried;
A. The third and fifth conduct of the first instance judgment “ October 31, 2018” shall be deemed to read “ October 31, 2008.”
B. Part 3 of the judgment of the court of first instance is the "mortgage debtor" in Part 14 as the "mortgage secured creditor".
C. On October 31, 2018, the fourth and fourth part of the judgment of the court of first instance, “ October 31, 2018” shall be deemed “ October 31, 2008.”
3. Additional determination
A. Based on the Supreme Court Decision 68Da2329 Decided February 18, 1969, the Plaintiff asserts that the existence of the secured debt is presumed by the presumption of establishment registration of a neighboring mortgage, and thus, the Defendant should prove that the secured debt, which is the secured debt of the right to collateral security, does not exist. However, there is insufficient evidence as to this.
B. On the other hand, the above decision of the Supreme Court is interpreted to the effect that the existence of the secured claim is not presumed from the registration of establishment of a mortgage itself, contrary to the plaintiff's assertion, since the judgment of the court below which accepted the claim for cancellation of the registration of establishment of a collateral which was filed by the mortgagee against the mortgagee, the ground of appeal asserting that the mortgagee should presume the existence of the secured claim in the course of appeal against the judgment below
A mortgage is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act). Since a security right is established to secure a certain amount of unspecified claims arising from a continuous transaction during a settlement term in the future, the secured claim of the right to collateral is separate from the act of establishing the right to collateral.