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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 9, 2015, A entered into an automobile financial product agreement with the Plaintiff to obtain a loan by setting the loan amount of KRW 34,200,00,000, the loan period of KRW 60 months, interest rate of KRW 5.5% per annum, and entered into a mortgage agreement with the Plaintiff as to the automobiles listed in the separate sheet owned by A (hereinafter “instant automobiles”). Accordingly, A entered into a mortgage agreement with respect to the instant automobiles as indicated in the separate sheet owned by A (hereinafter “instant automobiles”).
B. On May 11, 2016, A entered into a credit transaction agreement with the Defendant to obtain a loan by setting the loan amount of 30,000,000, 60 months, and interest rate of 24.9% (hereinafter “the instant loan agreement”). As to the instant automobile, A entered into a contract with the Defendant to establish a mortgage on the instant automobile at KRW 30,000,000, the mortgagee, the Defendant, and the debtor (hereinafter “the instant mortgage”). Accordingly, A created the instant mortgage on the instant automobile.
C. At the time of the instant loan agreement, A was liable for each of the loans of KRW 40,00,000 to Han Bank, KRW 30,676,00,00 to the Plaintiff, KRW 15,000 to wellcom Savings Bank, KRW 2,909,000 to Ko Savings Bank, and KRW 14,61,000 to Ko Savings Bank, and KRW 400,000 to Samsung Card Co., Ltd., and KRW 1,00,000 to credit card service obligation to the Credit Card Co., Ltd., but at the time of the instant loan agreement, at the time of the instant loan agreement, the Smart Savings Bank established a mortgage of KRW 15,00,00 to the Credit Card Co.,, Ltd., other than the Plaintiff’s mortgage, but A received the loan agreement, repaid the loan to the Smart Savings Bank, which was the mortgagee, and created the instant mortgage after cancelling the instant mortgage.
The instant automobile is the sole property of A and the value at the time of the instant loan agreement is about 30,00,000 won.
E. The Plaintiff is the Plaintiff.