1. Revocation of a judgment of the first instance;

2. The plaintiff's claim, including the changed part in the trial, is dismissed.

3...

1. Basic facts

A. On November 9, 2011, Plaintiff B entered into a contract for the use of credit cards with the Plaintiff and began to use credit cards.

B, however, from October 2013, it delayed the settlement of credit card use payment. At the time of February 5, 2014, the amount was KRW 9,878,936 ( principal amount, KRW 8,985,980, interest and late payment charge amount, KRW 892,956).

B. B’s disposal act 1) B borrowed KRW 50,00,000 from the Defendant on August 8, 2013 as interest rate of KRW 2.5%, and due date of reimbursement on September 30, 2013. (2) However, B was unable to repay the said money by the due date. Ultimately, in order to secure the said debt, B entered into a mortgage contract with the Defendant on October 17, 2013, and completed the registration of establishment of a mortgage on the instant apartment on October 18, 2013.

C. B was in excess of the obligation at the time of signing the above mortgage contract on the financial status of B.

At the time of the conclusion of the instant mortgage contract, the apartment house of this case was the only property of KRW 100,000,000 in the market price, and B was liable to the Nonghyup Bank Co., Ltd. for KRW 57,00,000, KRW 11,754,884, and KRW 9,459,460 in Korea’s Savings Bank.

However, on December 19, 2013, the provisional attachment of the Plaintiff, Samsung Card Co., Ltd. (the claim amount: Plaintiff -9,489,047 won, Samsung Card Co., Ltd. - 21,513,432 won), and on February 4, 2014, the provisional attachment of creditor NongHyup Co., Ltd. (the claim amount: 5,574,527 won) was completed on December 19, 2013. However, since around October 2013, B had already been in arrears with the credit card use fee, etc. against the Plaintiff, each provisional attachment was completed as long as it was long as each of the above provisional attachment was completed after the conclusion of the mortgage contract in this case, B seems to have already been liable for each of the above claims amount at the time of concluding the mortgage contract in this case.

Ultimately, at the time of concluding the instant collective security agreement, B shall not be deemed a small property [14,791,350 won (=57,00,000 won) 11,754,884 won, 9,459.