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(영문) 서울고등법원 2017.06.16 2016나9577
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

In Suwon District Court C real estate rental auction case.

Reasons

1. The basic facts;

2. The grounds for this part of the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, barring any special circumstance, the agreement on collateral security should be interpreted in accordance with the language and text of the agreement, as it is a disposal document as to whether the separate obligation in this case was included in the secured obligation at the time of the agreement on collateral security. However, even if the agreement on collateral security was uniformly printed and used in the form of a general transaction agreement, if the scope of the secured obligation in this case is stated in the contract clause as a whole as the scope of the secured obligation in addition to the relevant loan obligation borrowed from the establishment of the right to collateral security, or all other obligations arising from other causes that may be borne in the future, such as the relevant loan obligation and future obligation, the circumstance leading up to the establishment of each obligation in question, such as the relevant loan and future obligation, loan practices, relationship between the amount of each obligation in question and the maximum amount of debt in the collateral security, and whether the scope of the secured obligation in this case is separately secured against other obligations, it is reasonable to interpret the intent of the parties to the agreement as the secured obligation only by means of a comprehensive printing letter as to the secured obligation.

According to the evidence No. 5, “B” under Article 1 of the 1st collateral creation contract of this case is a sole or several obligors and a guarantor, who will bear or will be borne by the debtor against the creditor within the maximum of 200,000,000 won of the maximum debt amount.

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