1. The appeal filed by the Counterclaim Plaintiff is dismissed.

2. The costs of appeal shall be borne by the Counterclaim Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff operates wholesale and manufacturing business of dry products and Kim, etc. with the trade name of C, and the Defendant is a corporation with the purpose of credit business, such as lending of funds.

D Co., Ltd. (hereinafter referred to as “D”) is a company that operates freezing and general warehouse storage business, and E is a company director of D.

B. On September 22, 2016, the Defendant entered into a storage contract with D and fishery products (hereinafter “instant storage contract”).

C. On October 21, 2016, the Plaintiff entered into a credit transaction agreement with the Defendant to obtain a loan of KRW 92 million, and entered into a transfer security agreement with the Defendant on the same day, which provides the Defendant with 60/104 / 72/236 / 72 / 236 / as a transfer security for the said loan.

On March 7, 2017, the Plaintiff entered into a credit transaction agreement with the Defendant to receive KRW 322 million from the Defendant, and entered into a transfer contract with the Defendant on March 7, 2017 (hereinafter collectively referred to as “each of the instant collateral contracts”) with the content that the Plaintiff provides the Defendant with the collateral and the said collateral as a transfer for security for the said loan (hereinafter referred to as “instant collateral”). On the same day, the Plaintiff entered into a transfer agreement with the transfer for security agreement with the Defendant on October 21, 2016 and the transfer for security agreement on March 7, 2017.

Article 2 (Possession, Preservation, and Management of Collaterals) (1) A person who has created a security interest in transfer shall occupy, preserve, and manage the collateral as a creditor, and bear the expenses.

(2) In cases under paragraph (1), the person who has created a transfer security interest shall preserve and manage it within the ordinary uses or the scope of business with due care as a good manager.

In addition, if there is an instruction of the creditor on the place, equipment and other management methods of custody, the person who has created the transfer security interest shall comply with it, and when it is intended to change it, the consent

Article 10 (Preservation, etc. of Collaterals)