1. The plaintiff's claim is dismissed.

2. On May 4, 2016, this Court rendered a request for a stay of compulsory execution under the 2016 Chicago17.

1. Basic facts

A. On May 13, 2013, the Defendant loaned KRW 3200,000,000 to B, and on the same day, the Defendant set up a collateral security right pursuant to the Act on Mortgage on Factories and Mining Foundations (hereinafter collectively referred to as the “instant factory”) with respect to the factory site located in Nam-gu, Seoul and the above ground factory building (hereinafter referred to as the “instant factory”) and the machinery and equipment installed in the instant factory as a collateral for the same day.

B. In addition, on September 17, 2013, the Defendant loaned a total of KRW 500,000,000 to the Defendant, and set up a second priority collective security right with respect to the instant factory, machinery and apparatus installed therein as security.

C. On the other hand, on April 6, 2015, the Defendant entered into an additional collateral security agreement with the Defendant, which provides the Defendant with the 3,000m-meter produced by Japan Dr (3,000m) x 10m “C.N.C pressler”, and four equipment and appliances as additional collateral for each of the above loans.

Under the premise that the above C.N.C pressler referred to the instant machinery, the Defendant entered into a guard service contract with the Defendant on March 31, 2015, on the premise that B, including C.N.C pressler, with respect to the machinery and appliances offered as security, and managed the instant machinery, including the instant machinery, from March 31, 2015.

B, as the Defendant did not repay each of the above loans, the Defendant carried out the public auction procedure for the instant factory offered as collateral, and the machinery and apparatus installed thereon. During the above public auction procedure, the Pacific Appraisal Corporation, which conducted the appraisal of collateral, excluded the instant machinery from the appraisal on the ground that it is difficult to determine the identity of the machinery existing in the instant factory with C.N.C pressler and the actual factory.

E. The public auction of the instant machinery is difficult for the foregoing reasons, and the Defendant extended loans to B as Daegu District Court Decision 2015 tea15No. 15649.