면책확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 22, 2016, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court Decision 2015Hadan3414, 2015Ma3414, and received a decision to grant immunity from the above court (hereinafter “instant decision to grant immunity”), and around that time, the said decision to grant immunity became final and conclusive.
B. On February 14, 2017, the Defendant filed an application for payment order (Seoul Central District Court 2017Hu728476, Apr. 12, 2016) against the network D (the deceased on April 12, 2016) with the Defendant, the Defendant’s application for lawsuit was performed as a litigation procedure. During the process of the lawsuit, the Defendant became aware that the network D had already died, and the Defendant corrected the network D’s indication as the Plaintiff (the deceased’s heir) and changed the purpose of the claim and the cause of the claim against the Plaintiff.
After that, the judgment of the court below that "the plaintiff shall pay to the defendant 15,597,090 won and 2,189,574 won among them at the rate of 39% per annum from November 2, 2011 to the date of complete payment" was rendered on November 23, 2018, and became final and conclusive around that time.
(Transfer) The claims based on the above judgment (hereinafter referred to as “instant claims”) by the Seoul Central District Court 2017 Ghana570018, and by the Panel Division of the Daegu District Court 2018 Ghana303477, and hereinafter referred to as the “instant claims”).
The claim of this case was not entered in the list of creditors submitted by the Plaintiff in the bankruptcy and immunity procedures.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 6 through 8, the purport of the whole pleadings
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
The Plaintiff asserts that the claim of this case was also exempted by the decision on immunity of this case and seeks confirmation thereon.
In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to remove the plaintiff's rights or legal status in danger and danger.
The decision to grant immunity to the bankrupt debtor is also confirmed.