1. The plaintiff's claim is dismissed.

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

Basic Facts

From December 2014, the Plaintiff received a discount on each of the checks listed in the separate sheet (hereinafter “instant checks”) from the Defendant via B through B, and used it as the company’s operating fund.

In preparation for the default of the instant check, the Defendant demanded collateral, and on February 11, 2015, the Plaintiff concluded a security transfer contract with the Defendant with the clothes located in the Plaintiff’s logistics warehouse (hereinafter “instant clothing”) as collateral.

The plaintiff was finally in arrears on March 17, 2015.

In order to receive the discounted amount of the instant check, the Defendant disposed of the instant clothing of KRW 170 million in the middle of April 2015.

[Ground of recognition] A. A. 1 through 4 (including additional numbers; hereinafter the same shall apply), Eul's each entry in the evidence of 1 through 3, and the purport of the whole pleadings, the Plaintiff's assertion that the purport of the whole pleadings is to be determined, is to return to the offerer the remainder after deducting the principal, interest and realization cost of the secured claim at the time from the amount realized by disposing of the collateral at a reasonable price according to the market price.

If the Defendant realized the instant bill at a reasonable price, it received more than the face value of the instant check and appropriated all the claims against the Plaintiff. As such, the Defendant is obligated to return the instant check to the Plaintiff.

Therefore, even if the Defendant sold the instant bill at a price below the total face value of the instant check due to its own fault, it is obligated to return the instant check to the Plaintiff.

Judgment

If a creditor has liquidateded or disposed of collateral in order to obtain the satisfaction of the secured claim with respect to the transfer for security, the creditor shall be obligated to settle the collateral.

As a result, the balance after deducting the principal and interest of the secured claim at the time of realization or evaluation costs from the realization or evaluation cost is obligated to return to the secured party, and the realization or evaluation is also required.