Defendant’s successor intervenor 158,143,320 won to the Plaintiff and 6% per annum from March 23, 2016 to September 15, 2017.

Facts of recognition

On July 5, 2012, the Plaintiffs: (a) lent KRW 200 million to Nonparty C (hereinafter referred to as “Nonindicted Party”); and (b) drafted a notarial deed of monetary loan for security by means of transfer, with respect to each machine listed in the separate sheet (hereinafter referred to as “instant machine”) on May 11, 2015, with the maturity of repayment as of May 11, 2015, in which the right to transfer was created by means of possession and alteration

(hereinafter “this case’s Notarial Deed”). As to the instant machine, the Nonparty and Korea Capital Co., Ltd. entered into a facility leasing agreement (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and the Nonparty repaid all the lease obligations to Korea Capital, on March 5, 2013.

On January 2, 2014, the Defendant (Tgu Bank of Korea) completed the registration of creation of a collateral under the Factory and Mining Foundation Mortgage Act with respect to the real estate of the non-party, including the instant machinery, on the basis of the completion of the registration of creation of a collateral security under the Factory and Mining Foundation Mortgage Act, and accordingly, the auction procedure was conducted on July 16, 2015 upon voluntary

(hereinafter “instant auction”). On September 30, 2015, the Defendant’s succeeding intervenor acquired all of the claims and rights against the Nonparty from the Defendant.

In the instant auction procedure, on March 22, 2016, the distribution schedule was prepared as shown in the attached Table No. 1,843,013,042 by the Intervenor succeeding to the Defendant was distributed KRW 1,843,042.

[Grounds for recognition] In light of the above facts without dispute, Gap 1 through 11 evidence, Eul 1 through 4 evidence (including a serial number; hereinafter the same shall apply), and the facts of recognition as to the ground for a claim of the whole purport of testimony and pleadings, the plaintiffs can claim external rights as the mortgagee of the machinery of this case. Thus, the plaintiffs can claim rights as to the amount equivalent to the proceeds from the sale of the machinery of this case among KRW 1,851,08,641, which is the amount to be actually distributed under the above distribution schedule, and the total appraised value of the objects of auction of this case can be assessed as 2,806,535,560, and the whole appraised value of the objects of auction of this case.