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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
purport.
Reasons
1. Basic facts
A. The Plaintiff’s claim B, upon entering into a credit card use contract with the Plaintiff and obtaining a credit card from the Plaintiff, lost the benefit of time due to the Plaintiff’s failure to pay the usage fees from June 5, 2012.
Accordingly, as of August 23, 2012, the Plaintiff has a credit card use-price claim amounting to KRW 8,367,508, the sum of the principal amount of KRW 4,176,043, interest and delay damages (interest rate of KRW 4,191,465 (interest rate of KRW 29.9%) as of August 23, 2012.
B. B’s disposal act on June 18, 2012: (a) concluded a mortgage agreement with the Defendant, who is one’s own holder, with a maximum debt amount of KRW 200,000 regarding the instant real estate (hereinafter “mortgage agreement”); and (b) completed the registration of creation of a neighboring mortgage, such as the claim or claim of the claim, on June 19, 2012.
C. B’s property status of the instant real estate (price of KRW 77,00,00,00 based on the publicly notified land price) and KRW 212,00,000,000 with the government E apartment 101,000,000 with the real estate (price of KRW 135,00,000 with the purchase price of October 3, 2013) as active property B at the time of entering into the instant mortgage contract, on the other hand, with the small property, the liability of KRW 253,450,146 with the Solomon Savings Bank, and the liability of KRW 3,034,174 with the Samsung Card, and KRW 2,598,730 with the obligation of KRW 2,59,00 with the Han Card Card Card Co., Ltd. as the creditor of the instant real estate at the time of entering into the instant provisional attachment contract is deemed to have been in excess of KRW 50,000,000 with each of the aforementioned obligation as the Plaintiff’s debt contract.
[Reasons for Recognition] Unsatisfy, Gap's entries in Gap's 1 to 8, the purport of the whole pleadings
2. Determination as to the cause of action
A. At the time of establishing the instant mortgage contract, the existence of the preserved claim.