beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 28, 201, the Defendant borrowed KRW 155,000,000 (hereinafter “instant loan”) from the Korea C&T Bank (hereinafter “C&C”). In this regard, the Plaintiff entered into a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), with the maximum debt amount of KRW 182,00,000,000, as the Defendant and the mortgagee as the Defendant, and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral”).
B. As the Defendant did not repay the instant loan, the Cmat Bank applied for a voluntary auction on the instant real estate offered as security, and the Incheon District Court rendered a voluntary decision to commence the auction on July 29, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff asserted that the real estate of this case was provided as security for the defendant. Since the defendant did not repay the loan, and the plaintiff bears the debt equivalent to the maximum debt amount, the defendant is obligated to pay the plaintiff the debt equivalent to the maximum debt amount of the right to collateral security of this case with the advance indemnity, as well as the delayed payment from the day following the delivery of the complaint.
3. According to Articles 370 and 341 of the Civil Act, when a mortgager for securing another person's obligation performs his/her obligation or loses ownership of the mortgaged property due to the execution of the mortgage, he/she shall obtain the right to indemnity against the debtor. The requirements for the right to indemnity against a person who has pledged another's obligation are different from those of the guarantor. The secured guarantee is an act of establishing a security right on behalf of the debtor on behalf of the debtor, and it is not entrusted with the affairs of performing the obligation on behalf of the debtor.