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(영문) 수원지방법원 2016.05.26 2016가단2921

면책확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Plaintiff

The summary of the argument is that the Suwon District Court Decision 2010Da7289 against the Plaintiff became final and conclusive on May 30, 2013, and thus, the Defendant filed a claim against the Plaintiff (hereinafter “related case”) is also exempted from the principal and interest obligation of the case stated in the claim against the Plaintiff, and thus, the confirmation of the exemption is sought.

A lawsuit for confirmation of ex officio determination on the legitimacy of the instant lawsuit is allowed when it is the most effective and appropriate means to resolve the instant dispute, where there is any apprehension and danger existing in the rights or legal status and to obtain a confirmation judgment.

A lawsuit claiming performance of an obligation filed by the Defendant against the Plaintiff is pending in the relevant case, and the Plaintiff may escape from its liability by asserting and proving that the obligation against the Defendant was discharged from liability in the relevant case. Therefore, there is no benefit to seek confirmation that the obligation was discharged from liability by a separate lawsuit.

(2) The lawsuit of this case is unlawful as there is no benefit of confirmation. Thus, the lawsuit of this case is unlawful as there is no benefit of confirmation.

In conclusion, the instant lawsuit is dismissed.