A. A. On July 7, 2016, Defendant B entered into a loan agreement between the Plaintiff and the Defendant B and a registration agreement on the creation of a mortgage on a vehicle (hereinafter “instant loan agreement”) with the Plaintiff as the intermediary of the Plaintiff’s Intervenor, with the rate of KRW 96,000,000 per annum 10.9% per annum, and the interest rate for delay was set at 25% per annum and the monthly interest and interest are to be repaid in equal installments (hereinafter “instant loan agreement”).

(2) On the same day, Defendant C had concluded an entrustment contract with D Co., Ltd. (hereinafter “D”) for a vehicle-to-wing wing winging vehicle (hereinafter “the instant cargo vehicle”) on the part of D Co., Ltd., and was scheduled to pay the principal and interest of the loan to D with the loan.

3) The Plaintiff and Defendant B, along with the instant loan agreement, agreed to register the instant cargo vehicle as collateral in the Plaintiff’s future with respect to the instant cargo vehicle (hereinafter “instant collateral security agreement”).

also concluded.

B. On July 7, 2016, in order to pay a loan under the instant loan agreement, the Plaintiff remitted the loan to the Plaintiff’s Intervenor to the Plaintiff’s Intervenor as an individual among the loans, and immediately thereafter, the Plaintiff’s Intervenor remitted the loan to the bank account in the name of D. Accordingly, D’s representative director F received the said loan.

However, F arbitrarily consumed the loan without completing the entry registration on the cargo vehicle to Defendant B.

C. On August 20, 2016, the first repayment date for loss of the benefit due to delay in repayment of the principal and interest has been delayed and thus the due date for repayment has arrived. The debt amount as of September 5, 2016 is the principal amount of KRW 96,00,000, interest 1,546,469, and delay damages amount of KRW 350,307.

The Plaintiff’s Intervenor, who did not establish a collateral mortgage on the instant cargo vehicle, shall use the cargo vehicle to F with the representative of D, after the transfer of the loan.