면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant asserted that the Plaintiff filed a lawsuit against the Plaintiff on November 2012 by filing a favorable judgment against the Plaintiff on the claim for advertising price set forth in Incheon District Court Branch Decision 2012 Ghana58049, and the said judgment became final and conclusive around that time.
(C) Around November 1, 2015, the Plaintiff filed a petition for immunity with the Seoul Central District Court Decision 2015Hadan10587, 2015Ma10587, 2015, and was granted immunity from the above court.
However, in the bankruptcy and exemption procedure, the Plaintiff was unaware of the existence of the Defendant’s claim based on the final judgment of the instant case, and accordingly, did not enter the said claim in the list of creditors.
Therefore, the Plaintiff’s obligation based on the final judgment of this case was exempted from the above immunity decision.
2. Determination
A. Since the existence of the benefit of confirmation in a lawsuit for confirmation is an ex officio matter, the court should decide ex officio regardless of the party's assertion.
(See Supreme Court Decision 2005Da60239 Decided March 9, 2006, etc.). Notwithstanding the confirmation of immunity with respect to a bankrupt debtor, where a claim is disputed as to which of the non-exempt claim despite the confirmation of immunity, the debtor may remove the existing apprehension and danger in his/her legal status by filing a lawsuit seeking confirmation of immunity.
However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal status
Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.
(see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). B.
The plaintiff is seeking confirmation that the defendant's claim has been exempted based on the final judgment of this case.