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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 26, 1996, Lanhae Mutual Savings Bank (hereinafter “Nanhae Mutual Savings Bank”) established a pledge on the claims for return of the credit installments (the contract amount of KRW 50,000,000, and the due date of February 27, 2000) against the non-party Mutual Savings Bank B (hereinafter “B”) with the non-party Mutual Savings Bank on February 27, 1996. The amount of interest of KRW 20,00,000 per annum, interest of KRW 17% per annum, interest of KRW 20,000 per annum, and February 23, 2000.
B. After that, on May 19, 197, Boan Mutual Savings Bank established a pledge on the credit installment refund claim against B, 30,000,000 won for interest rate of 17% per annum, 20% per annum, and 27 February 29, 200. The Plaintiff and Nonparty C guaranteed the above loan obligation on the same day, and on July 29, 1997, a notary public drafted a notarial deed as 1590 in the Dhap Office 197.
C. On July 3, 1998, Boan Mutual Savings Bank terminated the above credit installment and paid KRW 20,000,000 out of the balance 25,985,263 on December 26, 1996 to the principal of the loans made on December 26, 1996, and KRW 1,119,519 to the interest and overdue interest accrued until July 3, 1998 on each of the above loans, and appropriated the remainder 4,865,744 to the principal of the loans made on May 19, 197.
Boan Mutual Savings Bank filed a lawsuit against the Plaintiff and C on May 19, 1997 against the Plaintiff and C, Gwangju District Court Decision 2003Kapo-2091, and the above court rendered a judgment on August 20, 203 that "the Defendant (the Plaintiff and C) jointly and severally paid 22,295,854 won,22,295,966 won per annum from January 9, 2001 to May 5, 2003 to pay 20% per annum from May 6, 2003 to the day of full payment." The above judgment became final and conclusive on March 25, 2005.
E. On March 5, 2012, Boan Mutual Savings Bank was declared bankrupt by the Gwangju District Court 2012Hahap1, and the Defendant.