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(영문) 서울중앙지방법원 2016.01.15 2015가단121476

면책확인

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 February 19, 2009, the Defendant applied for a payment order against the Plaintiff with the Seoul Central District Court 2009 tea13031 and received the payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay the Defendant the amount of KRW 8,275,184 and the amount of KRW 3,743,561 per annum from February 3, 2009 to the date of full payment” (hereinafter “instant payment order”). The above payment order was finalized on March 14, 2009.

B. On September 13, 2013, the Defendant received the claim amount based on the original copy of the instant payment order as KRW 11,651,568 from the Plaintiff’s deposit claims against the Korea Gyeyang Agricultural Cooperatives, etc., a collection order for the seizure and collection of the claim.

(Seoul Central District Court 2013TTT 29601). (c)

On April 1, 2014, the Plaintiff: (a) was declared bankrupt on July 21, 2014; and (b) was granted immunity on September 17, 2014 (hereinafter “instant immunity”); and (c) the said immunity became final and conclusive on October 3, 2014.

However, the Plaintiff did not enter in the list of creditors the obligation to acquire money based on the above payment order against the Defendant.

[Ground] Evidence Nos. 1 through 4, evidence No. 1 to 6, the purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiff asserts that, inasmuch as the Plaintiff did not neglect the obligation against the Defendant in bad faith in the creditor list, it was also exempted from the obligation against the Defendant by the decision on immunity of the instant case, the Plaintiff sought confirmation, and therefore, examined ex officio as to the existence of interest in the confirmation.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment against the defendant in order to eliminate such apprehension and danger in the plaintiff's rights or legal status.

However, the lawsuit of this case filed by the plaintiff is raised by the defendant.