면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 21, 2017, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 23,248,000, which the Plaintiff agreed to pay, as Seoul Central District Court Decision 2016Da154312, and the Defendant was sentenced to a favorable judgment against the Defendant ordering the payment of the said money, and became final and conclusive around that time.
(hereinafter referred to as the "claim of this case" or "claim of this case"). B.
The Plaintiff was granted immunity as of November 25, 2016 in the Seoul Central District Court 2014da10772 and in the case of filing an application for adjudication of bankruptcy of the Seoul Central District Court 2014Hadan10772, and the said immunity became final and conclusive around that time. The list of creditors submitted by the Plaintiff in the above immunity procedure or related bankruptcy procedure is not indicated in the claim of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff asserts that the lawsuit in this case is lawful and sought confirmation as to whether the debt in this case was exempted from the immunity decision prior to the exemption decision, and the defendant asserts to the effect that there is no benefit in confirmation.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is dispute between the parties as to the legal relationship subject to confirmation, and where the judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk when there is apprehension or risk of the plaintiff's rights or legal status.
The instant claim appears to have been filed for the purpose of preventing compulsory execution based on the above judgment. However, in the event there is an executive title, even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, the obligor’s obligation is exempted.