The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasons for this part of the basic facts are the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. As a matter of the interpretation of the contract on the third collateral creation of a mortgage of this case, the secured debt is limited to the third loan debt of this case, and the second and fourth loan debt of this case are not included in the secured debt of this case.

The distribution schedule of this case should be corrected because it was erroneous for the Defendant to distribute more than KRW 182,921,417 to the Defendant the third loan obligations of this case.

B. Defendant 3’s collateral obligation is not limited to Defendant 3’s collateral obligation, but includes Defendant 2 and 4’s collateral obligation. Thus, Plaintiff’s claim should be dismissed.

3. Determination

A. The relevant legal doctrine is a disposition document, and thus the principle should be interpreted in accordance with the language and text of the contract, barring any special circumstance.

However, even if the scope of the secured obligation is stated in a contract which is uniformly printed and used by a financial institution, etc. in the form of a general terms and conditions, if the contract clause provides that the scope of the secured obligation shall include all existing obligations or all other obligations arising out of other causes that may be borne in the future in addition to the loan obligation granted by the establishment of the secured obligation, it is interpreted that the scope of the secured obligation is contrary to the general terms and conditions of a financial institution's lending practice, in light of various circumstances, such as the background leading up to the conclusion of the contract on the relevant loan obligation and the establishment of the relevant future obligation, the relationship between each obligation and the maximum debt amount of the secured obligation, and the existence of separate security for other obligations, etc., according to the printed terms and conditions of the contract.