1. The Defendant’s KRW 1,200,000,000 as well as 5% per annum from December 15, 2016 to October 29, 2019 to the Plaintiff.

Facts of recognition

A. On June 14, 2016, the Plaintiff lent KRW 1.8 billion as the price for acquiring convertible bonds to the Defendant C Co., Ltd. (hereinafter “C”) operated by the Defendant, and the Defendant agreed on the Plaintiff to set up the fourth priority collective security right with respect to D Apartment E (hereinafter “instant apartment”) owned by the Defendant, Gangnam-gu Seoul (hereinafter “instant apartment”).

(hereinafter “instant security agreement”). B.

However, on December 15, 2016, the Defendant, while the establishment of the right to collateral security against the Plaintiff, gave the F Co., Ltd. (hereinafter “F”) the registration of establishment of the right to collateral security over the instant apartment in the fourth priority order causing 1.2 billion won to the maximum debt amount.

C. As above, at the time of December 15, 2016, the market price of the apartment of this case, which was established in F future, was KRW 5 billion, and the maximum debt amount of senior mortgage was KRW 3.79 billion.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 6, and a statement of the purport of whole pleadings

A. According to the above facts, although the defendant has a duty to set up the fourth priority right on the apartment of this case with respect to the plaintiff under the agreement on the offer of collateral of this case, it violated this duty and thus, set the fourth priority right on the maximum debt amount of 1.2 billion won to the third party. This constitutes a tort in breach of trust under the Criminal Act. Thus, the defendant is liable to compensate the plaintiff for damages caused by the tort.

Furthermore, according to the above facts as to the scope of damages, the remaining collateral value of the apartment of this case as of December 15, 2016, which was the date of breach of trust, is at least KRW 1.21 billion (=5 billion - KRW 3.79 billion). This is the amount below the Plaintiff’s claim amount.

Nevertheless, the Defendant, prior to the Plaintiff, set up a right to collateral security of KRW 1.2 billion with the maximum debt amount, which is equivalent to KRW 1.2 billion due to the Defendant’s breach of trust.