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(영문) 대구지방법원 2018.01.12 2017가단21906

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 January 26, 2010, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Daegu District Court 2009 Ghana 197758, and the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 6,00,000 and the amount calculated at the rate of 36% per annum from July 7, 1998 to the date of full payment,” and the said judgment became final and conclusive on February 18, 2010.

B. On November 4, 2011, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court No. 201Hadan6222, 201Ma62222, the Plaintiff was declared bankrupt on June 7, 2012, and the decision to grant immunity on August 28, 2012 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on September 12, 2012.

However, the list of creditors submitted by the Plaintiff while applying for bankruptcy and exemption was omitted from the obligation of this case against the Defendant.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. In determining the legitimacy of the instant lawsuit, the Plaintiff asserts that in the bankruptcy and exemption procedure, the entry of the instant obligation against the Defendant in the creditor list was not maliciously omitted, and seeks to confirm the exemption of the instant obligation.

With respect to the legitimacy of the instant lawsuit ex officio, in order to be lawful, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the Defendant in order to eliminate the risks of the Plaintiff’s rights or legal status in danger.

As seen earlier, the Defendant’s instant claim against the Plaintiff is based on the final judgment, and the fact that immunity was granted in the event there is enforcement title as above does not automatically lose executory power, but merely becomes a substantive reason for the aforementioned immunity to file a lawsuit claiming objection against the Plaintiff. < Amended by Presidential Decree No. 24758, Sep. 9, 2013>