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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance except where the following judgment is added to the defendant's argument, thereby citing this case pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The Defendant asserts that, within the scope of the maximum debt amount, the right to collateral security of this case is a so-called universal collateral security that guarantees the Plaintiff’s present or future obligation to the Defendant. Since the secured obligation of this case is not yet finalized, even if a part of the debt was extinguished by prescription prior to the determination of the secured obligation, the right to collateral security of this case, which is the universal collateral security, does not extinguish in accordance with Article 357(1)
According to the statement in Eul evidence No. 2, the plaintiff prepared a mortgage contract with the defendant on September 14, 1995. The plaintiff is recognized as having stated the above contract that "the plaintiff shall set up the mortgage contract of this case as a collateral co-owner with the liabilities, such as a loan certificate, a letter of commitment, a certificate of payment, a certificate of payment, and all bills and all obligations arising from commercial transactions, or all obligations arising out of the bills and all obligations arising out of commercial transactions, as a surety, within the limit of ten million won with the maximum debt amount."
However, in a case where a written contract to establish a mortgage takes the form of a general transaction agreement printed in the same form, it is reasonable to interpret the intent of the parties as a secured obligation only within a certain scope, unlike the text of the contract, in light of all the circumstances such as the details and purpose of the conclusion of the contract to establish the mortgage, the amount of the secured obligation, the mutual relationship between the person who established the mortgage and the creditor, etc., if deemed reasonable.