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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. When the Plaintiff received a loan from the Defendant for a total of KRW 1,00,000 (hereinafter “first loan”) five times, the Plaintiff set up a collateral security on the land and the building on the land and the building thereof in Yongsan-gu, the Plaintiff owned by the Defendant, with the maximum debt amount of KRW 390,000,000 on January 8, 2009, ② the maximum debt amount of KRW 260,000,000 on March 4, 2009, ③ the maximum debt amount of KRW 195,00,000 on July 2, 2009, ④ the maximum debt amount of KRW 169,000,000 on April 2, 2010, ⑤ the maximum debt amount of KRW 325,000,000 on December 31, 2010.
B. On June 24, 2010, the Plaintiff received a loan of KRW 200 million from the Defendant (hereinafter “second loan”) and created a collateral security with the maximum debt amount of the D land and the building on the land owned by the Plaintiff as KRW 260 million to the Defendant.
C. On June 20, 201, the Plaintiff received a loan of KRW 675 million from the Defendant (hereinafter “instant loan”), and created a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 875 million on the land, F land, and G land (hereinafter “instant three parcels”) in Yongsan-gu, Seoyang-gu, Busan (hereinafter “instant three parcels”) owned by the Plaintiff. D.
Since January 19, 2014, the Plaintiff failed to repay the principal and interest of each of the above loans, the Defendant applied for a voluntary auction, and on September 26, 2014, the voluntary auction (hereinafter “the first auction”) was commenced against the land and buildings belonging thereto, D land and buildings belonging thereto, and the three lots of land in this case.
E. On June 11, 2014, the Plaintiff and the Defendant agreed on the instant loan obligations and the primary auction as follows.
① The Plaintiff’s additional right to collateral security (hereinafter referred to as “additional right to collateral security”) shall be deemed as the “additional right to collateral security (hereinafter referred to as “additional right to collateral security”) with the maximum debt amount as KRW
this paper sets up an additional plan.
② The repayment date of the instant loan shall be May 2016.
(3) The defendant shall be the plaintiff.