beta
(영문) 수원지방법원안양지원 2015.07.16 2015가단5093

기타(금전)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on the claim for loans with the Suwon District Court Ansan Branch of 2009 Ghana34223. On August 11, 2009, the said court rendered a decision on performance recommendation to the effect that “The Defendant (A) shall pay to the Plaintiff (B) the amount of KRW 3,00,000 per annum from May 27, 2005 to the delivery date of the duplicate of the complaint of this case, 5% per annum from the next day to the delivery date of the duplicate of the complaint of this case, and 20% per annum from the next day to the full payment date” (hereinafter “decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on September 19, 2009.

(hereinafter “instant claim”). B. Claim on the instant decision on performance recommendation (hereinafter “instant claim”).

The Plaintiff filed bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with Seoul Central District Court 2013Hadan2497 and 2013Ha2497, and omitted the entry of the instant claim in the list of creditors submitted at the time of the bankruptcy and application for immunity.

On June 3, 2013, the above court declared bankruptcy against the plaintiff, and decided to grant immunity on September 26, 2013, and the above decision to grant immunity became final and conclusive on October 11, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff did not enter the instant claims in the creditors’ list at the time of the bankruptcy and application for immunity was due to the Plaintiff’s failure to know the existence of the said claims and was not based on bad faith, and thus, the said claims were also exempted by the said decision of permission for exemption, and thus seeking confirmation thereof.

3. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination as to the legitimacy of the instant lawsuit.

A lawsuit for confirmation is recognized in cases where there is a danger existing in the rights or legal status, and it is the most effective and appropriate means to obtain a judgment in order to eliminate such danger.

On the other hand, in order to exclude executive titles, a person who is indicated as a creditor in executive titles.