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(영문) 수원지방법원 2016.09.08 2016나54879
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Basic facts and

2. The reasoning of this court concerning this part of the parties' assertion is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 4

3. Determination

A. The legal nature of the second loan of this case 1) Where the parties to an existing claim and obligation agree to make the object of a loan for consumption, whether the agreement is deemed a light or quasi-loan for consumption is determined first by the parties' intention. If the parties' intent is not clear, it is an issue of interpretation of intention. Thus, it cannot be viewed as a quasi-loan for consumption, as the obligee loses its security and the obligor loses its defense right. Thus, it cannot be viewed as a quasi-loan for consumption. However, if the nature of the new obligation is not a loan for consumption or it is not identical to the existing obligation, it cannot be viewed as a quasi-loan for consumption (see, e.g., Supreme Court Decision 2004Da3769, Dec. 22, 2006). Although the first loan of this case and the second loan of this case were executed based on the above legal principles, the interest rate for loans of this case 1 and the second loan of this case 2 are different from the loan of this case 1, the purport of the new loan of this case 2.

B. The effect of the instant right to collateral security (1) Article 505 of the Civil Act (the transfer of security to a new obligation).

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