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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is Gangwon-do Tour Co., Ltd. (hereinafter referred to as “Nonindicted Company”)
(1) The loan of KRW 60,000,000 on December 26, 2012 is extended to 48 months of the loan period, interest rate of KRW 7.5%, and overdue interest rate of KRW 25% (hereinafter “instant loan 1”).
(B) On December 27, 2012, a car owned by the non-party company A BH120 (current car registration number is changed to F).
hereinafter referred to as “first automobile of this case”
2) As to the mortgagee’s claim, the mortgagee’s claim amount of KRW 78,00,00 shall be registered as the first mortgage (hereinafter “the first mortgage”).
(2) On December 18, 2012, the Plaintiff loaned to Nonparty Company KRW 48,00,000 to Nonparty Company at a loan rate of KRW 58 months, interest rate of KRW 7.5%, and overdue interest rate of KRW 25% (hereinafter “instant secondary loan”). On the same day, the Plaintiff completed the registration of the first-class mortgage (hereinafter “instant second-class mortgage”) with respect to the Plaintiff, the debtor, the Nonparty Company, and the claim value of KRW 75,40,00,00, which is the value of the loan amount of KRW 75,40,00.
B. A motor vehicle sales contract 1) The non-party company is a daily tourism Co., Ltd. (hereinafter “Defendant tourism”) around February 2014.
B) As to the sales contract, the non-party company entered into a sales contract with the Defendant daily tourism to sell the instant first vehicle to KRW 30,000,000 (excluding value-added tax), and the sales contract entered into a special agreement with the effect that “Defendant Tourism will succeed to the first collateral obligation of this case and pay it to the Defendant.” (hereinafter “the first special agreement”).
(2) On February 2014, the non-party company included the two motor vehicles of this case between the non-party company and the defendant New Tourism Tour Co., Ltd. (hereinafter referred to as the "Defendant New Tourism"), and the non-party company's second motor vehicle to the defendant New Tourism.