1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion was that the Plaintiff loaned money to B, C, and D (hereinafter “B, etc.”) as indicated in the following table. The said B, etc. offered each of the corporeal movables (hereinafter “instant corporeal movables”) listed in the separate list owned by the Plaintiff as collateral for transfer in order to secure the above loan obligation (hereinafter “loan obligation”). However, E Co., Ltd. (hereinafter “E”) representing B, etc. as the method of providing the said corporeal movables concluded a commodity storage contract with F, a warehouse, which entrusts the custody of the instant corporeal movables, and notified F, that the instant corporeal movables are transferred collateral of the Plaintiff.

B When CDB, etc. delayed repayment of the principal and interest of the above loan, the Plaintiff demanded F to deliver the instant corporeal movables in order to enforce the security right for transfer of the instant corporeal movables, but F refused the Plaintiff’s request for delivery on the ground that the Defendant asserted the ownership of the said corporeal movables.

Accordingly, the Plaintiff filed a lawsuit against F to claim delivery of the instant corporeal movables. The Defendant brought an independent party intervention by asserting that he/she succeeded to the ownership of the instant corporeal movables and acquired them in good faith.

The Defendant, even though he was aware that the instant corporeal movables were already transferred to the Plaintiff, was in a position that he could not acquire ownership, was unable to receive the instant corporeal movables by unfairly participating in the said lawsuit, thereby delaying the Plaintiff’s delivery of the instant corporeal movables from F. The Defendant sustained damages for the delayed period of storage charges of KRW 23,608,839 to F.

As such, the Plaintiff suffered damages equivalent to KRW 23,608,839, due to the Defendant’s wrongful assertion of ownership and response to the instant corporeal movables, and thus, the Defendant sustained KRW 23,608,839, which is the amount of damages equivalent to the above custody fees.