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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On October 25, 2010, the Plaintiff entered into a credit transaction agreement with B Co., Ltd. (hereinafter “the instant savings bank”) and was loaned KRW 6 billion from the said bank at the maturity of payment on October 25, 201, at the rate of 10% per annum, and at the rate of delay damages at 22% per annum.
B. On the same day, the Plaintiff concluded a mortgage contract on real estate indicated in the separate sheet, which is owned by the Plaintiff, in order to secure the instant savings bank and the said loan obligation. The Plaintiff completed the registration of establishment of a mortgage on the said real estate as Seoul Western District Court No. 33818, which was received by the Yongsan District Court’s receipt of the maximum debt amount of KRW 7.8 billion
(hereinafter “instant collateral security”). C.
On March 14, 2011, the Plaintiff entered into a credit transaction agreement with the savings bank of this case for the repayment of interest on the said loan, etc., and additionally received a loan by setting the amount of KRW 360 million from the savings bank as the due date for payment on March 14, 2012; the rate of 10% per annum; and the rate of delay damages at 22% per annum.
(hereinafter “instant loan”). The instant right to collateral security was agreed to secure the instant loan, including the said additional loan, by aggregating the loan as of October 25, 2010 and the loan as of March 14, 201.
On June 21, 2012, on the ground that the Plaintiff failed to repay the total amount of KRW 7,001,843,728, the savings bank of this case applied for an auction of real estate rent to Seoul Western District Court C based on the instant collateral security, and the decision to commence auction was made on June 22, 2012, and the auction procedure is in progress.
E. On April 30, 2014, the Seoul Central District Court declared bankruptcy against the savings bank of this case as Seoul District Court No. 2013Hahap55, and appointed the Defendant as the trustee in bankruptcy.
The defendant taken over the proceedings of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3, 4, 5, 8, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The cause of the action.