면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The defendant asserted that the plaintiff A lent KRW 18,30,000 on several occasions from March 30, 2004 to February 5, 2008, and KRW 26,300,000 on a total, and KRW 26,30,000 on January 30, 2012, and lent KRW 16,30,00 to the plaintiff B on August 16, 2009. The defendant filed a lawsuit claiming the return of the above loan against the plaintiffs under the Changwon District Court Yang Sung Branch Branch Branch 2012Ga5249, and on March 14, 2013, the decision in lieu of the mediation that the plaintiff B would pay KRW 37,00,000 to the defendant (hereinafter referred to as the "decision in lieu of the instant mediation") became final and conclusive on April 17, 2013.
B. Plaintiff A filed the application for immunity for bankruptcy with Changwon District Court 2010 908, 2010Hadan908, and the above court became final and conclusive on August 26, 2011. Plaintiff B filed the application for immunity with Changwon District Court 2010 909 and 2010Hadan909, and the above court became final and conclusive on August 26, 2011.
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings
2. The ex officio decision-making Plaintiffs on the legitimacy of the suit seek to confirm the Plaintiffs’ exemption from liability by asserting that the Plaintiffs’ exemption from liability based on the decision in lieu of the instant conciliation was granted to the Defendant.
In a lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when the plaintiff's right or legal status is the most effective means to eliminate the risk of uncertainty.
Immunity under the Debtor Rehabilitation and Bankruptcy Act was finally decided.
Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.
(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). As seen earlier, the Defendant raises objection against the Plaintiffs.