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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7:
On July 25, 2008, the Defendant entered into a loan transaction agreement (hereinafter “the instant loan agreement”) with Korea Capital Co., Ltd. (hereinafter “Korea Capital Co., Ltd.”), with the content that the loan amount is KRW 236,000,000, the loan amount is KRW 60 months, interest rate of KRW 10.23% per annum (three months change), interest rate of KRW 18% per annum, interest rate of KRW 18% per annum, and security was paid from Korea Capital Co., Ltd. (hereinafter “the instant loan agreement”).
B. On December 30, 2008, our Capital concluded a monetary trust agreement with the Bank and the Plaintiff on December 30, 2008 between Korea Standards Bank and the Plaintiff, between Korea Standards Bank and the trustor, and between Korea Standards Bank and the trustee, from January 21, 2009 to January 21, 2039, with the trust period as to the management, collection, and disposal of trust assets, with the content of the trust assets as the sum total of the face value of the loan bonds of Korea Capital and the trust proceeds, from January 21, 2009 to January 21, 2039. The monetary trust agreement was concluded between Korea Standards Bank and the Plaintiff. The trust agreement was entrusted to the Plaintiff with the management, collection, collection, etc. of our Capital's monetary claims, including the loan bonds of this case. On the same day, the Korea Standards Bank entrusted the Plaintiff with the management, management, and collection, etc. of the trust original trust proceeds received from Korea Standards Bank and the trust proceeds.
C. On September 8, 2011, the Defendant delayed the repayment of the principal and interest of the instant loan obligations under the instant loan agreement, and thereafter, the real estate auction procedure for the said C apartment owned by B was conducted through the Seoul Northern District Court D and E (Dual). As the Korea Standards Bank is about C apartment.