면책확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. While the Plaintiff, in its bankruptcy and application for immunity, was granted immunity by omitting the claims stated in its claim against the Defendant in the case involving its bankruptcy and application for immunity, the Plaintiff was granted immunity by setting up a list of creditors. However, the omission of the above obligations is not based on the Plaintiff’s bad faith, and the
2. Judgment ex officio as to the legitimacy of the lawsuit
(a) For the benefit of confirmation in a lawsuit for confirmation of the relevant legal doctrine, there should be a danger proposal existing in the claimant’s rights or legal status according to the legal relationship, and it should be immediately finalized by the confirmation judgment covering the legal relationship in order to remove the risk proposal, and it should be the most effective and appropriate means.
Meanwhile, even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the obligor’s obligation is exempted, this does not necessarily mean that the enforcement title with respect to the exempted obligation naturally loses its effect. However, it is merely an substantial reason to exclude enforcement power of enforcement title through a lawsuit of objection.
B. In the instant case, according to the evidence evidence No. 1, the Defendant issued a payment order on April 1, 2019 in the instant case of loans No. 2019Hu4288, which the Defendant filed against the Plaintiff, with the Plaintiff, ordering the payment of the above bonds, and then recognized the fact that the above payment order became final and conclusive around that time.
Therefore, the most effective and appropriate means of the plaintiff to prevent compulsory execution procedures is not confirmation of immunity, but a lawsuit of demurrer against claims.
In the event that the plaintiff does not go through other relief procedures except the executory execution of the executory payment order, such as filing a lawsuit of objection, etc., it is not possible to exclude the executory execution of the finalized payment order, and the risk of compulsory execution from the defendant is still not to be removed.