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 April 8, 2015, the Defendant received a payment order against the Plaintiff that stated that “the Plaintiff shall pay to the Defendant 9,027,980 won and 2,189,072 won, at the rate of 20% per annum from the day following the service date of the original payment order to the day of complete payment,” and the original payment order is served on the Plaintiff on April 17, 2015.
5. 2. The decision was finalized as is.
B. On February 18, 2016, the Plaintiff was declared bankrupt by the Incheon District Court 2016Da337, and the decision was finalized on April 27, 2016 upon the decision to grant immunity from the Supreme Court 2016Da335, Apr. 12, 2016.
C. At the time of bankruptcy and immunity, the Plaintiff omitted the Defendant’s claim based on the above payment order from the creditors list.
[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. The Plaintiff, as the instant lawsuit, seeks to confirm the Defendant’s exemption from the obligation to the Defendant on the ground that the Plaintiff omitted the Defendant’s claim on the creditor list at the time of bankruptcy and immunity.
In regard to this, the defendant asserts that the defendant's claim against the plaintiff is based on the payment order, and thus, the lawsuit of this case does not have interest in the lawsuit.
B. In a lawsuit for confirmation of judgment, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means for the defendant to receive a judgment of confirmation against the plaintiff when the plaintiff's right or legal status is in present unstable and dangerous, and the removal of such apprehension and danger.
Notwithstanding the confirmation of immunity for a debtor in bankruptcy, where a claim is disputed whether it is a non-exempt claim, the debtor is in the position of the right or legal status by filing a lawsuit for confirmation of immunity.