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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the following judgments to the new argument of the plaintiff in the trial of the court of first instance, thereby citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. The Plaintiff asserts that the scope of the secured obligation at the time of the instant contract is limited to B’s obligation to be borne by the Defendant in the future, and that Article 1 of the document of the instant contract of the secured obligation that included the obligation prior to the instant contract in the scope of the secured obligation is merely a simple example. Thus, the secured obligation of the instant case should be limited to KRW 56,828,403, which was established after the establishment of the secured obligation.
However, as seen earlier, it is difficult to view that the Plaintiff and the Defendant agreed to limit the scope of the secured obligation at the time of the instant contract to the future obligation against the Defendant as set forth in B, because the existing obligation at the time of the instant contract to be included in the secured obligation.
On the other hand, as long as the establishment of a mortgage contract is a disposal document, the court shall recognize the existence and content of the declaration of intent based on the contents of the contract unless there is any counter-proof, and shall not reject it without any justifiable reason (see, e.g., Supreme Court Decision 86Meu1760, Apr. 28, 1987). As seen earlier, the "mortgager" under Article 1 of the mortgage contract of this case guarantees all obligations arising from the loan, each letter, payment certificate, etc., and all obligations arising from the guarantee or commercial transaction of all bills and checks, which the obligor bears or will bear to the obligee within the scope of the maximum debt amount.