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(영문) 서울중앙지방법원 2015.04.24 2013가단288252

채무부존재확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On May 13, 2005, the Defendant acquired a payment order against the Plaintiff for the payment of the instant claim (hereinafter “instant payment order”) with the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “instant payment order”) on October 16, 2007. The instant payment order was served on the Plaintiff on November 23, 2007 and became final and conclusive on December 8, 2007.

B. Meanwhile, the Plaintiff was granted immunity on April 5, 201 by filing a bankruptcy and immunity application with the Suwon District Court Decision 201Hadan1037, 201, 1037, and 1037 (hereinafter “instant immunity”). The instant immunity became final and conclusive on April 20, 2012, and the instant claim was not indicated in the list of creditors submitted by the Plaintiff at the time of the said application for immunity.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 4, Eul evidence 1-1, 2, Eul evidence 1-2, and Eul evidence 10, the purport of the whole pleadings]

2. Determination:

A. At the time of the above bankruptcy and application for immunity, the Plaintiff did not recognize the existence of the claim of this case and did not enter it in the list of creditors and did not have been maliciously omitted. Thus, the Plaintiff sought confirmation that the obligation stated in the claim of this case has been exempted.

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

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 and appropriate means to obtain a judgment against the defendant in order to eliminate the risk of inemersion in the plaintiff's rights or legal status.

According to the purport of the Plaintiff’s statement and the entire argument, the Plaintiff’s national credit information that was delegated by the Defendant for debt collection.