1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered on January 1, 2012.

1. Facts of recognition;

A. The Plaintiff’s claim 1) B against B refers to a company prior to the conclusion of a contract with EL card Co., Ltd. (hereinafter the following) on March 23, 2000.

hereinafter referred to as “former Card”

(2) On March 10, 2006, while entering into a credit card contract with the former credit card and having been used with the credit card, the former card lost the benefit of time due to delay in payment of the credit card fee from August 10, 2001. (2) The former card was rendered a favorable judgment against B on March 10, 2006, that “B shall pay damages for delay calculated at the rate of 28% per annum from October 15, 2005 to the date of full payment, calculated at the rate of 25% per annum from October 15, 2005 to the date of full payment.” This judgment became final and conclusive on April 11, 2006.

3) On May 28, 2007, the old card entered into a contract with the Plaintiff (a trade name before the change: EL Card Co., Ltd.) on business takeover, and transferred all of the claims against B on October 1, 2007 to the Plaintiff. On May 14, 2008, the old card notified the transfer of claims to B on May 14, 2008. On the other hand, on November 29, 2012, the sum of the principal and interest of the credit card use amount in arrears paid by B is KRW 59,078,617.

B. On November 22, 2012, B entered into a loan transaction agreement with the Defendant with a loan of KRW 60,00,000, interest rate of KRW 24% per annum, interest rate of KRW 39% per annum, and maturity of payment on July 2013, and entered into a loan transaction agreement with the Defendant on November 21, 2012 with a view to securing loan claims, B entered into a mortgage contract (hereinafter “instant mortgage contract”). On November 21, 2012, B entered into a mortgage agreement with respect to 2/9 of shares out of the real estate stated in the separate sheet (hereinafter “instant real estate”). On November 22, 2012, the Seoul Central District Court received a registry office of the Seoul Central District Court, as the maximum debt amount of KRW 90,00,000,000, and the establishment registration of the mortgage of the Defendant.

C. Property B is active property at the time of entering into the instant mortgage contract.