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(영문) 춘천지방법원 원주지원 2018.02.07 2017가단3634

면책확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 4, 2007, the defendant applied for a payment order against the plaintiff and received a payment order stating that "the plaintiff shall pay to the defendant 41,000,000 won and 20% per annum from July 15, 2007 to the date of complete payment, and 43,110 won per annum from July 15, 2007." The payment order became final and conclusive on July 29, 2007.

B. On January 7, 2009, the Plaintiff filed bankruptcy and application for immunity with the Chuncheon District Court for immunity (hereinafter “instant immunity”). The decision became final and conclusive as of January 29, 2009 by the Chuncheon District Court 2008Da367 (hereinafter “instant immunity”). The Plaintiff’s list of creditors submitted by the Plaintiff in the instant application for immunity was omitted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, obvious facts to this court, the purport of the whole pleadings

2. The Plaintiff’s failure to enter the instant claim in the creditor list in the Plaintiff’s bankruptcy and exemption procedure is not intentional by negligence, and thus, the effect of the decision to grant immunity on the instant claim extends to the instant claim.

Therefore, the plaintiff seeks confirmation that the claim of this case was exempted by the lawsuit of this case.

3. ex officio determination as to the legitimacy of the instant lawsuit, there should be interests in the instant lawsuit for confirmation as a requirement for the protection of rights, and the benefits of confirmation should be recognized only when it is the most effective and appropriate means to obtain a confirmation judgment against the Defendant to eliminate the risks of apprehensions in the Plaintiff’s rights or legal status and in removing such apprehensions.

However, the claim of this case is a bond based on a payment order which becomes final and conclusive, as above.