면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Whether the instant lawsuit is lawful or not, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court Decision 2015Hadan3076, 2015Ma3080, and the decision of immunity becomes final and conclusive on January 4, 2016, and the decision of immunity against the Defendant was made on January 19, 2016. Although the Plaintiff omitted the obligation against the Defendant in the creditor list, the Plaintiff’s obligation against the Defendant was exempted pursuant to the said decision, and thus, the confirmation of exemption is sought.
ex officio, we examine the legitimacy of the instant lawsuit.
A. The litigation for confirmation of relevant legal principles requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when obtaining a judgment of confirmation is the most effective means to eliminate the Plaintiff’s rights or legal status’s imminent anxiety and danger.
In addition, since the existence of the benefit of confirmation in a lawsuit for confirmation is a matter of ex officio investigation, the court should decide ex officio regardless of the parties' assertion.
(Supreme Court Decision 2017Da17771 Decided October 12, 2017 and Supreme Court Decision 2001Da22246 Decided July 24, 2001, etc. (see, e.g., Supreme Court Decisions 201Da2246, Oct. 12, 20
Judgment
Notwithstanding the confirmation of the decision to grant immunity to a debtor in bankruptcy, where a certain claim is disputed as to which non-exempt claim, the debtor may file a lawsuit seeking confirmation of immunity in order to eliminate the existing apprehension and danger in his/her rights or legal status.
However, the Defendant brought a lawsuit claiming indemnity against the Plaintiff under this Court Decision 2019 Ghana423212, claiming that the Plaintiff was exempted from this lawsuit, and the fact that the Plaintiff brought the lawsuit in this case during the period of the said lawsuit is no dispute between the parties. Thus, the Plaintiff may, by asserting that the said debt was exempted from this lawsuit for indemnity, eliminate the risks of present in its rights or legal status.
Therefore, it is necessary to seek confirmation that the debt has been exempted separately from the Plaintiff’s right or legal status.