채무부존재확인 등
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 reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment of the plaintiff’s assertion to the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. In addition, the part of the interest agreed upon by D without the Plaintiff’s consent (hereinafter “the interest agreement of this case”) is alleged not to be included in the scope of the secured debt of the modified collateral, and there is no evidence to acknowledge that D voluntarily concluded the interest agreement of this case. Furthermore, according to the evidence Nos. 13 and 4, the Plaintiff concluded the instant collateral security agreement with C, who is a creditor concurrent holding concurrent office, to secure all obligations that will be incurred in the future, and subsequently registered the establishment of the instant collateral security agreement of this case with the maximum debt amount of KRW 50 million, which is the Defendant as the mortgagee, and it is difficult to view the interest portion under the interest agreement of this case as the secured debt of the modified collateral without the Plaintiff’s consent.
The plaintiff's above assertion is without merit.
3. Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.