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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 1, 2002, the Korea Exchange Savings Bank (hereinafter “Korea Exchange Savings Bank”) lent KRW 6 million to B on December 1, 2002, and the Plaintiff guaranteed it. On December 18, 2006, B was declared bankrupt and immunity (in Incheon District Court 2006, 2130, 2006Hadan1867).
B. On February 1, 2005, the Korea Exchange Bank filed a loan claim lawsuit against B and the Plaintiff (U.S. District Court 2004Gau34514), and on February 1, 2005, the judgment that “B and the Plaintiff jointly and severally pay to the Korea Exchange Bank the amount of KRW 5.49 million per annum from March 31, 2003 to the date of complete payment.” The above judgment was finalized on February 22, 2005.
C. On January 30, 2015, the Korea Deposit Insurance Corporation, the trustee in bankruptcy of the Korea Exchange Bank, applied for a payment order against the Plaintiff (Seoul District Court Order 2015j83, 2015). On March 30, 2015, the payment order (hereinafter “instant payment order”), stating that “the Plaintiff shall pay to the trustee in bankruptcy of the Korea Exchange Bank the amount of KRW 5,490,000 and the amount calculated at the rate of 20% per annum from March 31, 2003 to the date of complete payment,” and the said payment order was finalized on February 26, 2015.
(hereinafter referred to as “bonds or obligations of this case” based on the instant payment order
(D) On October 25, 2017, the Defendant, the trustee in bankruptcy of the Korea Deposit Insurance Corporation, was issued a seizure and collection order (Seoul District Court 2017TTTTT 6868) against the Plaintiff.
2. The Plaintiff asserts to the effect that, as the primary debtor B was granted immunity, the Plaintiff, the guarantor, is exempted from its liability.
The exemption of Article 567 of the Debtor Rehabilitation and Bankruptcy Act shall affect the rights held by the bankruptcy creditors against the debtor's guarantor and other persons who bear the obligations together with the debtor and the security provided for the bankruptcy creditors.