1. The plaintiff's appeal against the defendants and the plaintiff's claim added by this court are all dismissed.

2...

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the judgment below is added to the judgment of the court of first instance, and thus, it is also cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff asserts that Defendant D, E, and F, the deceased’s heir, is liable to compensate the Plaintiff for the damages, since the deceased C (hereinafter “the deceased”) was the person who created a security interest in the transfer of each of the instant machines, along with Defendant B, who created a security interest in the transfer of each of the instant machines. Thus, the Plaintiff did not perform this despite having to deliver each of the instant machines to the mortgagee, and the Plaintiff incurred damages therefrom.

B. However, in light of the following circumstances, the deceased is obligated to deliver each of the instant machines to the Plaintiff as a person who created a transfer security interest in the Plaintiff, taking into account the following circumstances, as a person who created a transfer security interest in the Plaintiff:

It is not sufficient to recognize the liability for damages due to the default, and there is no other evidence to acknowledge it.

1 The Deceased had a loan claim against Defendant B, and had the status as “creditor and mortgagee” upon the establishment of a security right for each of the instant machines owned by Defendant B to secure this.

In such a situation, the deceased transferred the above loan claims to the Plaintiff, and transferred the right of transfer established to secure this to the Plaintiff along with the right of transfer to the Plaintiff.

In addition, whether Defendant B created a new security interest to the Plaintiff upon the extinguishment of the above security interest, the position of the person who created the security interest in relation to the Plaintiff is “the position of the person who created the security interest” solely on the ground that the deceased, who was the creditor and the mortgagee, transferred the above loan interest to the Plaintiff.