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.

Basic Facts

On September 9, 2015, A entered into a contract with the Plaintiff ABF Capital Co., Ltd. (hereinafter “Plaintiff Company”) to establish a mortgage on the instant automobiles listed in the separate sheet (hereinafter “instant vehicle”) (hereinafter “instant loan”) with the agreement of KRW 5.5% per annum, and 34,200,000,000 per annum, and with the loan period of KRW 60 months. Accordingly, on September 10, 2015, A completed the registration of mortgage creation on the instant automobile with the mortgagee’s company, Plaintiff Company, and Defendant A.

A was granted a loan from the Smart Savings Bank (hereinafter referred to as the “ Smart Savings Bank”), and on April 15, 2016, A completed the mortgage creation registration as to the instant motor vehicle with the mortgage value of KRW 15,000,000, the mortgagee, the Smart Savings Bank, and the debtor A.

(hereinafter “The instant prior mortgage”). On May 11, 2016, A entered into a mortgage contract (hereinafter “the instant mortgage contract”) with the Defendant Nando Savings Bank (hereinafter “Defendant bank”) to set up a mortgage on the instant motor vehicle at KRW 30,000,000,000 with an agreement of KRW 24.9% per annum, and 30,000,000 with a loan period of 60 months, and to set up a mortgage on the instant motor vehicle at KRW 30,00,000 with a mortgagee’s bank, Defendant bank, and debtor A.

A paid 14,940,545 won out of 30,000,00,000 won loaned by Defendant Bank on May 11, 201, to the Smart Savings Bank, and cancelled the senior mortgage of this case, immediately after the same day, A completed the registration of mortgage creation in the future of Defendant Bank in accordance with the mortgage creation contract of this case.

(hereinafter “the instant mortgage”). On the other hand, A, in addition to the above loans repaid to the Smart Savings Bank at the time of the instant mortgage contract, 40,000,000 won for one bank, 30,676,000 won for the Plaintiff Company, and 15,056.