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1. The Defendant’s KRW 36,425,537 as well as the Plaintiff’s KRW 6% per annum from January 23, 2016 to January 20, 2017.
Reasons
In fact, on February 29, 2008, A Co., Ltd. (hereinafter referred to as “A”) entered into a credit guarantee agreement with the Plaintiff regarding the principal of the credit guarantee amount of KRW 63,00,000, and was issued a written credit guarantee by the Plaintiff.
A submitted the credit guarantee letter to the Gyeongnam Bank Co., Ltd. (hereinafter referred to as the "Gyeongnam Bank") and received facility loans from the Gyeongnam Bank.
A entered into a security interest contract of KRW 84,00,000 with respect to the machinery listed in the separate sheet (hereinafter “the machinery of this case”) purchased from the above loan to secure the above loan obligation on the same day, and transferred the possession to the Gyeongnam Bank in the way of possession amendment.
On March 20, 2008, Gyeongnam Bank obtained a fixed date on March 20, 2008.
After that, around 2010, after the occurrence of a credit guarantee accident to A, the Gyeongnam Bank requested the Plaintiff to discharge the guaranteed obligation under the credit guarantee agreement, and the Plaintiff subrogated the 55,420,938 Won to the Gyeongnam Bank.
On July 13, 2010, the Plaintiff acquired a transfer security right on the instant machinery from Gyeongnam Bank (hereinafter “instant transfer security right”) and entered into a contract with Gyeongnam Bank on the transfer of possession.
On June 11, 2008, the Busan Bank acquired the right to collateral security from the Busan Bank Co., Ltd. (hereinafter referred to as the "BB"), and entered into a factory mortgage agreement pursuant to Article 7 of the former Factory Mortgage Act (amended by Act No. 9520, Mar. 25, 2009; hereinafter the same) with respect to the building for a factory of 3,523 square meters of land in Kimhae-si and its ground, and the building for a non-dong factory of 1,80,000 won (hereinafter referred to as the "factory of this case") owned by A, with respect to the building for a factory of 3,523 square meters and its ground.
A shall be the same day.