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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 25, 2002, the Plaintiff entered into a housing guarantee agreement of KRW 19,440,000 of the guaranteed principal to secure the repayment of the said principal and interest of the loan with the Defendant in order to obtain a loan of KRW 45,00,00 from our bank.
B. On June 27, 2007, the Defendant paid KRW 23,724,877 by subrogation of the Plaintiff in accordance with the said house guarantee agreement. On March 21, 2012, the Defendant filed an application for payment order against the Plaintiff on March 21, 2012 with the Seoul Central District Court Decision 2012 tea53965.
6. 28. The payment order was finalized on June 27, 2007 that "the plaintiff shall pay to the defendant 24,178,967 won and 23,724,877 won with 15% per annum from June 27, 2007 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of full payment."
(hereinafter referred to as “the claim for indemnity of this case”).
On June 10, 2013, the Plaintiff filed an application for individual bankruptcy with Daejeon District Court 2013Hadan1282, and filed an application for individual immunity under 201,1284, and the said court filed the application for individual immunity on June 25, 2013.
8. On September 14, 2013, 201, citing each of the above bankruptcy and application for immunity became final and conclusive on September 14, 2013.
(hereinafter “instant immunity decision”). However, in the above bankruptcy and exemption case, the Plaintiff entered only the claim amounting to KRW 5,00,000 of the loan of Yangyang-do in the above bankruptcy and exemption claim, ② the claim amounting to KRW 71,363,00 of the KB National Card (= Principal KRW 20,293,93, interest and delay damages amounting to KRW 51,069,08) on the creditor list, and did not enter the claim amount of indemnity in the creditor list.
[Reasons for Recognition] Evidence No. 2, Evidence No. 3, Evidence No. 1, Evidence No. 2-1, 2, Evidence No. 3-1, 3-2, and the purport of the whole pleadings
2. The Plaintiff asserts that in the course of the bankruptcy and application for immunity of this case, the claim for indemnity of this case was omitted from the list of creditors, but this did not have been maliciously omitted, and thus, the Defendant’s claim for indemnity of this case against the Plaintiff was exempted from the immunity decision of this case.
For this reason,