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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 August 21, 2007, the Defendant entered into a mortgage contract (hereinafter “mortgage contract of this case”) with regard to each of the real estate listed in the separate list owned D (hereinafter “the instant real estate”) between Samil Construction and D, with the maximum debt amount as to each of the real estate listed in D’s separate list (hereinafter “the instant real estate”), with regard to the scope of the secured debt, which is related to the scope of the secured debt, with regard to the establishment of a mortgage contract, and the settlement term for the settlement of mortgage (hereinafter “mortgage contract of this case”), and completed the establishment of mortgage (hereinafter “mortgage of this case”) in the Defendant’s future, and submitted a credit transaction agreement from Samil Construction Co., Ltd. (hereinafter “Seoul Construction”) on the same day, and 150 million won loan from Samil Construction Co., Ltd. “the instant loan”).
(2) On July 49, 2011, 200, 200, 200,000 won in general financing loans of KRW 180,000,000 on September 30, 2010, 200 in general financing loans of KRW 96,000,000 on September 30, 201, the outstanding principal of the loan due to a credit transaction agreement of the lending product was outstanding. The total amount of KRW 6,70,000 in general financing loans of KRW 6,70,000 on May 19, 201, 201, KRW 707,867 in general financing loans of KRW 85,00,000 on July 5, 201, KRW 79,220,313 in general financing loans of KRW 180,000,000 on July 49, 200,309.
B. In addition to the instant loan, the Defendant submitted a credit transaction agreement to Samil Construction five times in addition to the instant loan, and gave the loan, and the specific details are as follows.
C. The defendant applied for a voluntary auction on the real estate of this case to the Jung-gu District Court B on the basis of the right to collateral security of this case, and set the claim claim.
Of the outstanding principal of each loan as stated in the table of paragraph 430,928,180 won and interest interest thereon, 436,463,416 won, a sum of KRW 280,000,000,000,000,000 won as the claim claim amount, and the said auction court filed an application for voluntary auction. A claim statement was submitted to the above auction court, which calculated the sum of principal KRW 277,928,180 and interest KRW 75,747,431,00,000.
On July 18, 2014, the above auction court is actual.