1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) On July 19, 2013, the Plaintiff entered into a loan guarantee insurance contract (hereinafter “instant contract”) necessary to obtain a loan from B, with the term “guarantee amount: 40 million won, guarantee period: from July 19, 2013 to June 21, 2015” (hereinafter “Mez fire”).

(2) On the basis of the Plaintiff’s guarantee, B loaned KRW 40 million from Mez fire as a condition for repayment of principal equal, but the insured event occurred due to the Plaintiff’s failure to repay the loan from June 20, 2014, and the Plaintiff paid KRW 36,141,121 to Mez fire on August 13, 2014 upon the Plaintiff’s claim for insurance proceeds of Mez fire.

(3) The Plaintiff filed an application against B for a payment order with the Seoul Central District Court No. 2014 tea47431. On September 4, 2014, the said court ordered B to pay the Plaintiff KRW 36,141,121 as well as 6% per annum from August 14, 2014 to September 17, 2014, and 20% per annum from the next day to the day of full payment. The said payment order became final and conclusive on October 2, 2014.

(4) The sum of the principal and interest of the Plaintiff’s claim for indemnity against B is KRW 42,060,370 as of March 24, 2016, the filing date of the instant lawsuit.

B. The Defendant was a legally married couple who completed a marriage report on April 24, 2003, but on April 28, 2015, the following agreement on division of property was made (hereinafter “instant agreement on division of property”) and completed the agreement on October 2, 2015 after confirmation of the intention of divorce.

B There are children D (E) and F (G) between B and the Defendant.

◈ 피고 명의로 전세계약이 체결된 현거주지 아파트(서울 양천구 H아파트 712동 502호, 이하 ‘이 사건 아파트’라 한다)에 대한 전세보증금반환채권(2억 5,000만 원, 이하 ‘이 사건 채권’이라 한다)은 피고가 가진다.

◈ B 명의로 된...