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(영문) 수원지방법원 2017.08.08 2016가단48965

면책결정 확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 12, 2007, the Defendant filed a lawsuit against the Plaintiff seeking the payment of telecommunications use fees (U.S. District Court Decision 2006Gau137665) and sentenced the Plaintiff to pay KRW 5,936,320 of the international telephone use fees to the Defendant on April 12, 2007 at the end of the lawsuit by public notice.

(hereinafter “instant judgment”). (b)

On October 6, 2016, the Defendant filed a lawsuit against the Plaintiff at the Seoul Eastern District Court for the extension of prescription.

(Seoul Eastern District Court 2016 Ghana593777). (C)

On December 3, 2009, the Plaintiff applied for bankruptcy and exemption in this court, and the exemption decision was finalized on December 18, 2009.

The Defendant’s claim for charges for the use of telecommunications transport (hereinafter “instant claim”) was provisionally attached to the Plaintiff’s real estate owned by the Plaintiff as the claim amount (Seoul Eastern District Court 2016Kadan335). The Plaintiff filed the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

A lawsuit for confirmation requires a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant to eliminate such apprehension and risk (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). The plaintiff obtained confirmation that the debt of this case was discharged through the lawsuit of this case through the lawsuit of this case, and ultimately intends to exclude the executory power of the judgment of this case. Since the claim of this case exists with a title of debt, the plaintiff, as the debtor, may reverse the contents of the judgment of this case, such as an appeal for completion or lawsuit for objection, or exclude enforcement of the judgment of this case.