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(영문) 서울중앙지방법원 2017.11.01 2017가단43631

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 November 1, 2012, the Defendant concluded a company’s comprehensive financial insurance contract with respect to illegal job accidents, which are employees, with the period of insurance set from November 1, 2010 to November 1, 2012, which operate the ELD Life Health Co., Ltd. and the insured B agency.

B. During the foregoing insurance period, the Plaintiff, a consultant of the above agency, brought the goods on credit and did not pay the following amount. The Defendant paid KRW 6,443,321 to C on August 8, 2012.

C. The Defendant filed an application against the Plaintiff for the payment order of indemnity amount under the Seoul Central District Court 2017 tea21728.

As of May 24, 2017, the above court issued an order to pay the Plaintiff KRW 6,443,321 and its related KRW 5% per annum from August 9, 2012 to the date of receiving the authentic copy of the payment order, and 15% per annum from the next day to the date of complete payment. The above payment order was served on the Plaintiff on May 31, 2017 and finalized on June 15, 2017.

The Plaintiff was granted immunity on October 19, 2015 by filing bankruptcy and application for immunity with the Suwon District Court 2014Hadan5702, 2014Ma5702 and 2014, and the decision became final and conclusive on November 3, 2015. The Plaintiff omitted the entry of the obligation for reimbursement against the Defendant (hereinafter “instant obligation”) in the list of creditors.

【Ground of recognition】 Evidence No. 1 to 5, Evidence No. 1 and 2, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. In bankruptcy and immunity, the Plaintiff asserts that the entry of the instant obligation against the Defendant in the list of creditors was not maliciously omitted in the creditor’s list, and sought confirmation of the exemption from the instant obligation.

B. 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 the most likely to receive a confirmation judgment against the defendant in order to eliminate the risks of the plaintiff's rights or legal status, and there is infeasible danger.