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(영문) 수원지방법원 2016.05.19 2015가단60296

면책확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On December 24, 2014, the Defendant filed a lawsuit against the Plaintiff for the claim against the Plaintiff (Seoul Southern District Court 2014Da393533, Seoul Southern District Court 201). On December 24, 2014, the said court rendered a judgment that “the Defendant (referring to the Plaintiff in this case) shall pay to the Plaintiff (referring to the Plaintiff in this case) 5 million won with 25% per annum from May 26, 1996 to May 25, 2006, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.”

B. Meanwhile, the Plaintiff applied for bankruptcy and exemption under the Seoul Central District Court Decision 2009Hadan20478 and 2009Ha20478, and was granted the decision of immunity on December 6, 201 (hereinafter “instant decision of immunity”). On December 22, 2011, the said decision of immunity became final and conclusive. The Defendant’s claim against the Plaintiff was not stated in the creditor list at the time of the instant decision of immunity.

[Reasons for Recognition] Unsatisfy, Gap 5-7 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant did not enter the Defendant’s claim against the Plaintiff in the creditor list in bad faith at the time the immunity decision of this case was rendered, and thus, the Plaintiff’s claim against the Defendant was exempted.

3. We examine ex officio determination as to the legitimacy of the instant lawsuit, ex officio, as to the lawfulness of the instant lawsuit.

If a lawsuit for confirmation is lawful, it shall have the benefit of confirmation as a requirement for protection of rights.

In addition, the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a confirmation judgment against the defendant when the plaintiff's rights or legal status in present unstable danger exists and removing such apprehension danger.

Notwithstanding the decision of immunity of this case regarding the plaintiff's obligations against the defendant, the decision of this case becomes final and conclusive as seen earlier, and as above, executive titles are executive titles.