1. The Defendant’s mooring costs of KRW 133,529,840 in relation to the power-driven machinery set forth in the attached list; and

1. Basic facts

A. On September 3, 2013, the Plaintiff: (a) set up a mortgage on the maximum debt amount of KRW 390,000,000 to the Power Diplomatic Organization (hereinafter “instant Organization”); and (b) lent KRW 300,000 to Nonparty B.

In addition, on July 2016, for the collection of loans, the decision to commence voluntary auction was made on July 28, 2016 by requesting the Busan District Court's Dong Branch C voluntary Auction for the instant organization.

B. On September 9, 2016, the Defendant submitted to the auction court a written application for adding the secured claim amount of KRW 103,529,840 to KRW 30 million on February 17, 2017.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff's right of retention of the defendant does not exist in the possession of the administrator who entered into a management contract with the plaintiff after the plaintiff executed the delivery order, as well as the mooring expenses and management expenses claims, which the defendant claims as the secured claim, are not clear whether they are related to the organization of this case.

In this regard, the defendant still asserts that the organization of this case is in possession and exercises legitimate right of retention.

3. According to the overall purport of the Plaintiff’s written evidence Nos. 3, 4, and 1 as well as the overall purport of the pleadings, the Plaintiff’s voluntary auction decision was rendered on July 28, 2016, and thereafter, on August 4, 2016, upon the Plaintiff’s voluntary auction application, entered into a contract to accept and preserve the instant organization with Nonparty A and the Plaintiff on August 4, 2016, and entered into the contract to accept and preserve the instant organization with Nonparty A and the Plaintiff on August 9, 2016, by executing the delivery order as Busan District Court Branch Branch Branch 2016No2073, and transferred possession of the instant organization to the Plaintiff and had the Plaintiff keep and manage the instant organization to the Plaintiff and the execution officer filed a report on the acceptance of the instant organization with the said auction court.

The right of retention also is lost if the possession of the sprinked article is lost.