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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 23, 1995, the Plaintiff entered into a mortgage contract as to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the non-public mutual savings and finance company (hereinafter “Non-public credit depository company, Non-public mutual savings bank, Yong-Nam mutual savings bank, and Yong-Nam Savings Bank”) on May 23, 1995, and entered into a mortgage contract with the Plaintiff as to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”). Busan District Court, Busan District Court, Busan District Court, as of May 23, 1995, completed the establishment registration of a mortgage with the maximum debt amount of KRW 650 million (hereinafter “the establishment registration of a mortgage”) and the scope of the secured debt under the instant mortgage contract is as follows.
Loans of bills, instruments loans, discount of bills, payment guarantee, sales bond transactions, credit installment transactions, and all other liabilities, guaranteed liabilities, etc. due to credit transactions, which the Plaintiff owes to, and in the future, Yong-Nam Savings Bank;
B. From the time of the creation of the instant right to collateral security, the Plaintiff traded credit by means of a bill discount from the Yong-Nam Savings Bank on August 20, 2004, and changed to a general loan (credit amount of KRW 286 million) on or around August 20, 2004, and subsequently, the maturity renewal and the extension period continued thereafter, and finally, on August 20, 2009, entered into a credit transaction agreement (hereinafter “the instant loan agreement”) with the Yong-Nam Savings Bank on a fixed basis as the credit amount of KRW 285 million per annum, interest rate of KRW 12% per annum, interest rate of KRW 24% per annum, date of expiration of the credit (hereinafter “the instant loan agreement”).
C. The Yong-Nam Savings Bank was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the above court appointed the defendant as the bankruptcy trustee on the same day. D.
The Defendant, on February 14, 2014, did not pay the principal and interest of the loan despite the expiration of the loan agreement period, on the ground that the Plaintiff did not pay the principal and interest of the loan.