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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
1...
Reasons
1. Basic facts
A. Around June 201, the Defendant: (a) concluded a mortgage agreement on the instant real estate owned by the Defendant with the Defendant (hereinafter “D”); (b) around June 201, the Defendant, the president of the Plaintiff, who was known to the Financial Supervisory Service; (c) concluded a mortgage agreement on the instant real estate with the Defendant (hereinafter “mortgage agreement”); and (d) on the same day, the Seoul Central District Court’s registration office received the instant mortgage agreement with respect to the instant real estate as the grounds for registration under Article 29516, which was the establishment of a mortgage agreement (hereinafter “instant mortgage agreement”); and (e) concluded a mortgage agreement on the instant real estate owned by the Defendant with the Defendant, with the maximum debt amount of KRW 50 million; and (e) concluded a mortgage agreement on the instant real estate owned by the Defendant (hereinafter “mortgage”).
3) Meanwhile, as between D and D on June 29, 201, A entered into a credit transaction agreement with loans of 22 billion won, maturity on June 29, 201, interest rate of 12% per annum, 22% per annum or 24% per annum, and entered into a credit transaction agreement with D with loans of 1.5 billion won, maturity of 1.5 billion won, interest rate of 12% per annum, and delay interest rate of 25% per annum (hereinafter collectively referred to as “each of the instant loans”).
B. B. A, including the conclusion of the termination contract on the instant right to collateral security between A and the Defendant, demanded the Defendant to cancel the instant right to collateral security on or around September 201, and upon receipt of a request from the Defendant, the termination contract on September 16, 201 with the Defendant on the instant right to collateral security (hereinafter “instant termination contract”).
After the conclusion of this case, the Seoul Central District Court received the Seoul Central District Court Branch No. 40591 as to the real estate of this case.