면책확인
1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The Defendants filed a lawsuit against the Plaintiffs for damages (e.g., the Suwon District Court Decision 2015Kadan109841). On January 26, 2017, the aforementioned court rendered a judgment that “the Plaintiffs jointly and severally pay to the Defendants the amount of KRW 16,195,830, and the amount of KRW 6% per annum from September 5, 2015 to January 26, 2017, and the amount of 15% per annum from the next day to the date of full payment” was finalized on February 15, 2017.
(1) The Plaintiff filed a petition for bankruptcy and exemption with the Incheon District Court Decision 2016Hadan4904, 2016Ma4903, and 2016Ma4903, which became final and conclusive May 26, 2017 upon receipt of the decision of adjudication of bankruptcy on December 22, 2016; and upon receipt of the decision of immunity on May 11, 2017, the said decision of immunity became final and conclusive on May 26, 2017; and Plaintiff B filed a petition for bankruptcy and exemption with the Suwon District Court Decision 2016Hadan4689, 2016Ma4689, which became final and conclusive on January 20, 2017; and upon receipt of the decision of adjudication of bankruptcy and exemption on March 28, 2017; and on April 12, 2017.
The claim of this case in accordance with the above final judgment was not stated in the list of creditors submitted by the plaintiffs in the above bankruptcy and immunity procedures.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
The Plaintiffs, in the process of being granted immunity, did not have omitted the instant claim in the creditor list in bad faith, and thus, the said claim has the effect of immunity granted by immunity. Accordingly, the Plaintiffs are seeking confirmation of exemption from immunity for the instant claim.
In order to be lawful in a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the risks existing in the plaintiffs' rights or legal status.
There is no decision to grant immunity to the bankrupt debtor.