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(영문) 대전지방법원 2017.05.30 2017가단220

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. The defendant filed a lawsuit against the plaintiff et al. on November 14, 2007 by filing a loan claim with the Daejeon District Court 2007Gada110627, and rendered a judgment that "the plaintiff jointly and severally with C shall pay the plaintiff 20 million won and the amount calculated at the rate of 20% per annum from June 30, 2007 to the date of full payment" and the above judgment was finalized on December 27, 2007.

(hereinafter referred to as the “instant obligation”) b. the obligation based on the above judgment.

On October 12, 2011, the Plaintiff filed an application for immunity for bankruptcy with the Daejeon District Court 2010Hadan3612, 2010Mo3610 and omitted the entry of the obligation in the list of creditors at the time of the application for immunity for bankruptcy (hereinafter “instant immunity”).

C. The defendant is the above A.

On December 16, 2016, based on the executory exemplification of the judgment of the claim for the loan as stated in the Paragraph, Daejeon District Court 2016TTT14781, and issued a seizure and collection order under the same court 2016TT15479, Dec. 29, 2016.

[Reasons for Recognition] Unsatisfy, Gap's 1 (including provisional number), 2, Eul's 1 to 4, the purport of the whole pleadings

2. Although the Plaintiff’s assertion did not omit the entry of the instant obligation in the creditor list in bad faith, it should be deemed that the effect of exemption extends to the instant obligation. However, since the Defendant received a seizure and collection order based on the above final judgment, it is necessary to confirm that the instant obligation was discharged as the Plaintiff.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

If a lawsuit for confirmation is lawful, it shall have the benefit of confirmation as a requirement for protection of rights.

In addition, the benefit of its confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant when there is infinite risk in the plaintiff's rights or legal status and removing such apprehension risk.