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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) D Co., Ltd. (hereinafter referred to as “AF”) may enter into a loan transaction agreement.
(1) On July 14, 2004, KRW 500 million (hereinafter “instant loan 1”).
) On May 2, 2008, KRW 200 million (hereinafter “instant two loans”) and each of the above loans is referred to as “each of the instant loans” when combined with each of the above loans.
(2) Around June 9, 2005, the Plaintiff assumed the obligation of each of the instant loans of D.
3. On the other hand, the plaintiff is listed in the separate sheet against the Suhyup as security for each of the loans in this case.
2. With respect to each real estate on which the indication column for the indication of the security right to the real estate (hereinafter “instant real estate”) was indicated as follows, the following: (a) the establishment of a collateral (right to collateral) was sought; and (b) the said collateral was modified as indicated in the “the details of the collateral security” stated in the same list.
(2) On July 13, 2004, the registration of the change of the right to collateral security (the acquisition of a contract on July 13, 2004), which changed the debtor into D on April 13, 2004, prior to receiving the loan of this case, the Plaintiff obtained a loan of KRW 400 million first from the Suhyup, and set up a collateral security (the maximum debt amount of KRW 520 million) with respect to the real estate in this case from the Suhyup.
However, as the Plaintiff had failed to pay interest, the Suhyup borrowed the instant loan to D on condition that the Plaintiff would be reimbursed the said KRW 400 million, and during that process, the obligor of the previous right to collateral security was changed to D, and additionally, the Plaintiff was created the right to collateral security worth KRW 130 million with respect to the instant real estate.
- On June 10, 2008, changing debtor to the plaintiff on June 10, 2008, registration of change of right to collateral security (acquisition of contract on June 9, 2008) (acquisition of contract on July 13, 2004, KRW 130 million /D - June 10, 2008.