서울서부지방법원 2017.10.24 2017가단11493



1. The instant lawsuit shall be dismissed.

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


Basic Facts

The Plaintiff was given a loan from Ath Capital Loan Co., Ltd.

A. On December 1, 2011, A.I.D. transferred a loan claim against the Plaintiff to K Investment Management Loan Co., Ltd., and the said company again transferred the loan claim to the Defendant on April 20, 2012, and on July 2013, the company sent the notice of assignment to the Plaintiff.

Since then, the Defendant filed an application against the Plaintiff for the payment order in this Court No. 2014, 8053, but the above application case was converted into litigation because it did not serve the Plaintiff, and the judgment in favor of the Plaintiff became final and conclusive due to the process of litigation by service by public notice.

The Plaintiff filed an application for bankruptcy and exemption under Incheon District Court Decision 2015Hadan6626, 2015Ma6629 and filed an application for immunity on July 27, 2016. The decision became final and conclusive on August 12, 2016. At the time, the Plaintiff omitted the Plaintiff’s obligation to the Defendant (hereinafter “instant obligation”) on the list of creditors.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination on the lawfulness of the instant lawsuit

A. At the time of bankruptcy and application for immunity, the Plaintiff asserts that the description of the instant obligation against the Defendant was not maliciously omitted in the list of creditors at the time of application for immunity, thereby seeking confirmation of immunity.

B. A lawsuit seeking confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decisions 2006Da68650, 68667, Feb. 9, 2007; 2014Da2082555, Mar. 15, 2017). In cases where a claim is disputed as to which claim is non-exempt claims despite the confirmation of immunity against a bankrupt debtor, the obligor files a lawsuit seeking confirmation of exemption.