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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.
Reasons
1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment of the court of first instance is as follows: “The indication of the intention to withdraw the above offer of security” in Part 3 of the judgment of the court of first instance; “the cancellation of the loan” in Part 14; “the cancellation of the loan” in Part 16; “the cancellation of the loan” in the part 16; and “the cancellation of the loan was cancelled” in the part 20; and “the cancellation of the loan” in the part 20; and “the cancellation of the loan was cancelled”; and “the additional decision of 2.0” in the part 8 of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the addition of “the plaintiff’s additional decision of 2.0” in the part 3
2. The Plaintiff’s additional determination constitutes the “mortgage security” of the instant case.
Even if the secured debt is limited to B’s current and future obligations arising from the “corporate facility loan” to the Defendant bank. However, B’s loan on August 27, 2013 constitutes “credit loan” rather than “corporate facility loan,” and thus, B’s loan obligations arising from the loan on August 27, 2013 do not fall under the scope of the secured debt of the instant mortgage.
On the other hand, as seen earlier, when the Plaintiff entered into a mortgage contract with the Defendant bank, the Plaintiff agreed that the Defendant bank will secure the present and future obligations arising from the “corporate facility loan”. The Plaintiff borrowed KRW 175 million from the Defendant bank, from the Defendant bank on August 7, 2013, to “corporate facility division loan” and the construction was not completed, and then borrowed KRW 175 million from the “corporate facility division loan” as of August 27, 2013, and the Plaintiff again borrowed KRW 175 million from the “corporate facility division loan” as of August 27, 2013, and the remainder of the new construction work is being carried out to run the urban residential housing rental business as a real estate business operator.