면책확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 27, 2010, the Plaintiff filed for bankruptcy and exemption and was declared bankrupt by the Gwangju District Court 2009Hadan6033 on August 27, 2010, and was granted immunity by the Gwangju District Court 2009Da6032 on the same day.
B. The Defendant loaned the Plaintiff KRW 10,00,000 on January 23, 1996 to the Plaintiff on December 26, 1998 and extended the remainder of the loan amount of KRW 9,847,019, ② on May 15, 1997, KRW 10,000 to the Plaintiff on May 15, 1999, and loaned the remainder of the loan amount of KRW 9,97,619, KRW 300 to Nonparty B on March 10, 1996 with the Plaintiff as the guarantor.
C. On August 29, 2006, the Defendant rendered a favorable judgment (2006 Ghana Branch Court 11980), rendered a favorable judgment on May 18, 2007 (2006 Ghana Branch Court 2006 Ghana Branch Court 56099), rendered a decision on performance recommendation on June 25, 2010 (2010 Ghana Branch Court 2010 Ghana Branch Court 55555--), and rendered a decision on the seizure and collection order (2010 Other Branch 23055) on June 25, 2010, respectively.
A. The Plaintiff
the defendant at the time bankruptcy and immunity is granted. B.
The entry of the claim is omitted.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 2 to 5
2. Whether the lawsuit in this case is lawful
A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant, in order to eliminate anxietys in the Plaintiff’s rights or legal status and in danger.
Immunity under the Debtor Rehabilitation and Bankruptcy Act was finally decided.
Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.
(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). Accordingly, the same applies.