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(영문) 의정부지방법원 2016.11.08 2016가단21353

면책 확인의 소

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 March 26, 2012, the Plaintiff filed an application for bankruptcy and exemption from liability with the District Court Decision 201Handan3151, 201Ma3145, and was declared bankrupt on March 26, 2012, and subsequently granted exemption from immunity, and the said declaration of bankruptcy and exemption from immunity became final and conclusive.

However, the Plaintiff did not state the obligation to pay the instant goods to the Defendant in the list of creditors who submitted the above bankruptcy and exemption case.

B. On May 9, 2016, the Defendant filed a request against the Plaintiff for a payment order claiming payment of the instant goods payment obligation with the District Court 2016 tea709, and the said court issued a payment order upon the said request on May 10, 2016, and the said payment order became final and conclusive on July 5, 2016.

(hereinafter referred to as the “instant payment order”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion is that the Plaintiff considered to have fully repaid the Defendant’s obligations, and did not enter the Defendant’s claims in the list of creditors. Therefore, the instant goods payment obligation was exempted by the aforementioned immunity decision.

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.

The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized solely by the fact that there is a dispute over legal relations between the plaintiff and the defendant, but it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate the anxiety risk when the plaintiff's legal status is in

The defendant already has an executive title under the payment order of this case with respect to the goods payment obligation of this case, and the purpose of the plaintiff's lawsuit of this case is to prevent compulsory execution based on the payment order of this case.

However, in the event of enforcement title, the immunity decision under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive.