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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff respectively lent C the KRW 20 million on August 3, 2012, and KRW 5 million on October 3, 2012 to C engaged in the clothing wholesale business.
(hereinafter referred to as "existing loans"). (b)
C On November 5, 2013, upon the Plaintiff’s request to provide security for existing loans, kept the clothing goods worth KRW 210,500,000 (hereinafter “A”) in the warehouse of “D” operated by the Defendant (hereinafter “instant warehouse”) A, Dong 210,000,000, and offered them as security for existing loans to the Plaintiff.
C. On November 5, 2013, the Defendant prepared an entrustment contract for the storage of goods (hereinafter “instant consignment contract”) stating that “the name of goods: clothing, C/T quantity: 20 F/T 1EA, C/T number: 210, the date of storage: November 5, 2013; the date of delivery: the date of storage: December 4, 2013; the storage charge: 150,00 won: the Plaintiff and the contractor shall be released only at the time of the delivery of the deposited goods.”
Meanwhile, while the Plaintiff demanded additional security for existing loans and requested C to lend additional money to the Plaintiff, C entered the clothing goods borrowed from a third party on January 20, 2014 (hereinafter “B-dong goods”) into the warehouse B 116.
Accordingly, on the same day, the Defendant stated “B Dong 116 clothing 16, January 2014” at the bottom of the right of the instant consignment contract, and the Plaintiff signed it next to that date.
E. C took out B goods around January 22, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, Eul evidence 1, testimony of witness C at the court of first instance, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C entered B the same goods into the Defendant in order to establish additional security for the existing loan. The Defendant entered B the same goods at the lower end of the instant consignment contract and received the Plaintiff’s signature.
The plaintiff.