면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 13, 2015, the Plaintiff’s summary of the Plaintiff’s assertion was granted immunity by Suwon District Court Decision 2014Da1416, which became final and conclusive August 28, 2015, and was unaware of the existence of the obligation against the Defendant at the time, and was omitted in the said exemption case from the list of creditors, thereby seeking confirmation that the Plaintiff’s obligation against the Defendant was discharged.
2. If a lawsuit for confirmation is lawful ex officio as to the legitimacy of the lawsuit of this case, there should be interests in confirmation as a requirement for the protection of rights, and the benefits of such confirmation should be recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the Plaintiff’s rights or legal status and risks.
However, comprehensively taking account of the overall purport of the pleadings as to Gap evidence No. 4, the defendant filed a lawsuit against the plaintiff on May 14, 2018 against the plaintiff as to the claim for loans, etc. under 2018da56102, and the plaintiff and the defendant filed a lawsuit against the plaintiff on September 17, 2018 in the above case within the limit of KRW 65,00,000,000 among the plaintiff and the defendant as of September 17, 2018 and KRW 66,316,95 among them, and KRW 37,317,187 among them, it can be acknowledged that the decision of compulsory adjustment was made to pay the amount calculated at the rate of 14.74% per annum from May 4, 2018 to June 23, 2018, and KRW 15% per annum from the next day to the date of full payment.
Therefore, in the case of this case, the purpose of the plaintiff's lawsuit is to exclude the defendant from enforcing compulsory execution against the plaintiff's property with the title of execution of the decision of compulsory adjustment of this case, and the defendant has the title of execution confirmed against the plaintiff's obligation. Thus, if the above obligation is exempted, the plaintiff must seek the exclusion of enforcement force of the above title through the lawsuit of objection, but to seek the confirmation of exemption from the plaintiff's obligation against the defendant is legally unstable.