면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On December 13, 2010, 2009, the Plaintiff seeks confirmation of immunity, such as the purport of the claim, based on the decision of immunity 11994 (determined on December 29, 2010).
However, in full view of the Plaintiff’s claim details and the purport of the entire pleadings as to the evidence Nos. 3 and 4, the obligation for which the Plaintiff seeks the confirmation of discharge is acknowledged as the obligation finalized by the final and conclusive judgment on May 24, 2013, which was rendered by the Seoul Central District Court Decision 2012Da5603808, supra.
(The plaintiff in the case of the above transfer money claim is the Korea Asset Management Corporation and the defendant is the transferee of the claim) even if the plaintiff has obtained a confirmation of discharge in this case, it does not exclude the execution of the judgment in the case of the above transfer money claim.
Therefore, it cannot be the most effective and appropriate means for the plaintiff to seek the confirmation of immunity.
Ultimately, the lawsuit of this case is unlawful as there is no benefit of confirmation, and the defendant's defense pointing this out is with merit.
Therefore, the lawsuit of this case is dismissed.