채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff filed the instant lawsuit against the Defendant by asserting that the Defendant’s obligation to pay the judgment amount due to the loan case was extinguished by the statute of limitations, on December 12, 2000, Seoul Southern District Court Decision 2000 Ghana192078.
A lawsuit for confirmation is allowed only when it is the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the Plaintiff’s rights or legal status in danger and in danger, and the apprehension and risk.
In the event of the existence of a judgment that becomes executive title as in the instant case, the Plaintiff’s seek for the exclusion of executive force based on the judgment through a lawsuit of demurrer is a direct means of resolving the dispute effectively and appropriately, and thus, the lawsuit of confirmation is not allowed.
Therefore, there is no benefit to confirm the lawsuit of this case for which the plaintiff seeks to confirm the existence of the obligation according to the above judgment.
(A) Even if the Defendant’s evidence submitted by the Defendant is lawful, the Defendant’s exercise of rights as a creditor before the statute of limitations expires, and thus, it is difficult to deem that the statute of limitations expires. The instant lawsuit is unlawful and dismissed.