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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be admitted by comprehensively taking into account the overall purport of the pleadings as stated in Gap evidence 1 to 3, Eul evidence 1 and 2 (including branch numbers).
around July 1997, the Industrial Bank of Korea lent KRW 20,000,000 to B, who is the husband of the defendant, and the defendant jointly guaranteed the above loans within the limit of KRW 24,00,000.
B. After that, on February 2004, the above loan claims of the Industrial Bank of Korea were transferred to Busan 2 Savings Bank (former trade name: Busan 2 Savings Bank, Busan 2 Mutual Savings Bank, hereinafter “BB Savings Bank”) through SB Partnership (hereinafter “BB Savings Bank”).
C. On October 21, 2005, Busan District Court 2005dada46327 filed a lawsuit against B and the defendant seeking joint payment of the principal and interest of the above loan loan, and the Busan District Court 2005dadada46327 won with respect to B, and the payment of damages for delay calculated at the rate of 20% per annum from November 9, 2005 to the date of full payment (hereinafter “the bonds in this case”), and the payment of damages for delay calculated at the rate of 11,287,077 won with respect to B (hereinafter “the bonds in this case”). The decision of performance recommendation of this case was delivered to B and the defendant on November 25, 2005, and became final and conclusive as is, as it was, on November 25, 2005.
On February 6, 2007, the Defendant was declared bankrupt on January 11, 2008 by the Gwangju District Court 2007Hadan1258 and 2007 Ma1263, and was granted immunity on March 14, 2008. The above immunity became final and conclusive around that time (hereinafter “instant immunity exemption”), and did not enter the instant claim in the list of creditors at that time.
E. Meanwhile, on March 7, 2012, the Busan District Court (2012Hahap1) was declared bankrupt on March 7, 2012, and the bankruptcy trustee is deemed the Busan District Court.