1. Judgment on the prosecutor's grounds for appeal

A. In a case where Defendant A’s obligation violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlements) (1) transfers other monetary claims to the obligee in order to secure the existing monetary obligation, the “ obligation of the obligor to maintain and preserve the security value of the secured claim” to be borne by the obligee is merely the content of the obligation owed by the obligor to the obligee according to the contract for the transfer of the secured claim. In addition, a contract for the transfer of the ordinary claim is the principal contract whose contents are the transfer of the obligee’s status, and the intrinsic relationship between the parties is fully secured by the assignee’s status as the obligee and is effectively repaid

In this regard, the security contract for the transfer of claims is a subordinate contract for the creation of secured claims (e.g., monetary consumption lending and lending contract) and the above obligation owed by the debtor under the security contract for the transfer of claims is merely aimed at achieving the purpose of security, and the essential and principal relationship between the parties is the realization of secured claims.

As can be seen, the purpose or essential content of a bond transfer security contract cannot be deemed as the same as a usual bond transfer contract.

Therefore, the obligation of the obligor to maintain and preserve the collateral value of the secured claim under the security agreement for transfer of the claim is merely one’s own obligation under the contract, and it cannot be deemed that there exists a fiduciary relationship where the obligee and the obligor manage and preserve the collateral value for the obligee, thereby achieving the purpose of the security through the obligor’s business.

Therefore, if the debtor receives the repayment from the third party debt without notifying the third party debtor of the transfer of the claim, this constitutes a simple non-performance of civil liability, and the debtor is in accordance with the creditor.