면책확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, the cause of the claim, in its bankruptcy and application for immunity, prepared a list of creditors and obtained immunity by omitting the obligation described in the claim against the Defendant (a claim acquired by the Defendant around April 2019 from C Co., Ltd.). However, the omission of the said obligation did not result in the Plaintiff’s bad faith, and sought confirmation of the exemption of the said obligation.
2. Judgment ex officio as to the legitimacy of the lawsuit
(a) For the benefit of confirmation in a lawsuit for confirmation of the relevant legal doctrine, there should be a danger proposal existing in the rights or legal status of the complainer according to the legal relationship, and it should be immediately finalized by the confirmation judgment subject to confirmation of the legal relationship in order to remove the risk proposal, and it should be the most effective and appropriate means.
Meanwhile, even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the obligor’s obligation is exempted, this does not necessarily mean that the enforcement title with respect to the exempted obligation naturally loses its effect. However, it is merely an substantial reason to exclude enforcement power of enforcement title through a lawsuit of objection.
B. In the instant case, according to the evidence No. 1-2 of the evidence No. 1-2, it can be acknowledged that the payment order was finalized on February 12, 2019 by the said court, on January 24, 2019, in the Daegu District Court Decision 201Hu145, which was the creditor prior to the transfer of the instant debt, against the Plaintiff, issued a payment order ordering the payment of the said debt.
Therefore, the most effective and appropriate means of the plaintiff to prevent compulsory execution procedures is not confirmation of immunity, but a lawsuit of demurrer against claims.
As long as the plaintiff did not go through other relief procedures excluding the executory execution of the original of the payment order, such as filing of a claim objection, it is sufficient to obtain the judgment of exemption of this case.