2. Determination:

A. In full view of the statements in Gap evidence No. 1-1 through 9 of fact-finding and the purport of each fact-finding inquiry reply, the plaintiff's assertion as a cause of claim can be acknowledged.

B. Defendant A is obligated to pay to the Plaintiff 37,821,123 won in sum of the amount of subrogated indemnity under each credit guarantee agreement of this case and 37,211,835 won in the amount of subrogated indemnity under each credit guarantee agreement of this case, 10% per annum determined by the Plaintiff’s board of directors from July 22, 2019 to December 31, 2019, the date following that determined by the Plaintiff’s board of directors from July 22, 2019 to December 31, 2019, 7% per annum as determined by the Plaintiff’s board of directors from the next day to the date of delivery of the application for modification of the purport of this case, and 12% per annum

(c) Where a debtor in excess of the obligation of restitution and revocation of a fraudulent act provides real estate owned by him/her as security to one of the creditors, it constitutes a fraudulent act in relation to the other creditors unless there are special circumstances.

(See Supreme Court Decision 97Da10864 delivered on September 9, 1997). Inasmuch as a contract establishing a mortgage between a debtor and a beneficiary was fraudulent, it would be contrary to the purport of Article 406(1) of the Civil Act to allow a beneficiary to distribute dividends as a mortgagee even if another person acquired ownership in an auction procedure following the execution of the right to collateral security even if the right to collateral security was cancelled due to the acquisition of ownership by another person, it would be contrary to the purport of Article 406(1) of the Civil Act. Therefore, a creditor who suffers damage

(See Supreme Court Decision 97Da8687 delivered on October 10, 1997). In addition, the distribution schedule became final and conclusive by participating in the distribution based on the right of collateral acquired by the beneficiary through a fraudulent act with the debtor at the auction procedure, but the creditor is a creditor.