청구이의
1. The part concerning the claim for confirmation of discharge among the instant lawsuit is dismissed.
2. The defendant's Daegu District Court against the plaintiff.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act;
3. Where any claim is disputed as to which of the grounds for partial dismissal, notwithstanding the confirmation of immunity against the debtor in bankruptcy, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status;
However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal
Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.
(See Supreme Court Decision 2017Da17771 Decided October 12, 2017)