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 Nos. 1-2 and No. 3, each of the above evidence Nos. 1-2 and 3, the Defendant issued a payment order to the Plaintiff on March 18, 2011 in the instant court 201 tea 18832, which filed against the Plaintiff, with which the Defendant applied against the Plaintiff, with which this Court ordered the payment of the above claim, and the said payment order became final and conclusive
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, excluding the executory execution of the original of the payment order, such as filing of a claim objection, the execution of the final payment order cannot be ruled out, and the risk of compulsory execution from the defendant is still eliminated.