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(영문) 서울중앙지방법원 2017.08.30 2017가단61400

면책확인

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the owner of the C vehicle, and the plaintiff B is the driver of the above vehicle.

Plaintiff

B On August 6, 2005, the driving of the above vehicle at around 15:50 on August 6, 2005, and the driving of the D Driving E caused a traffic accident.

D With respect to the foregoing vehicles, the defendant, who is an insurer who has entered into an individual motor vehicle comprehensive insurance contract with non-insured motor vehicles, paid 9,232,920 won in total to the victim, such as the insured.

B. The Defendant filed a lawsuit against the Plaintiffs for reimbursement under the Daegu District Court Decision 2008Da342124 on the ground that the Defendant acquired the right to claim damages against the insured, etc. in accordance with the insurer subrogation’s legal doctrine.

As of December 9, 2008, the above court rendered a decision of performance recommendation that "the defendants jointly and severally pay to the plaintiff 9,232,920 won with 5% interest per annum from March 27, 2007 to the delivery date of a copy of the complaint, and 20% interest per annum from the next day to the day of complete payment." The above decision of performance recommendation was served on the plaintiffs on December 17, 2008 and confirmed on January 1, 2009.

C. Plaintiff A: (a) was the Daegu District Court Decision 2014Hadan2279, 2014Ma2279; (b) Plaintiff B filed an application for immunity from bankruptcy and immunity from the Daegu District Court 2014Hadan2277, and 2014Guha2277; and (c) the said decision became final and conclusive around that time upon receipt of each exemption from immunity on June 16, 2015 and June 23, 2015; and (b) all Plaintiffs omitted all the entry of the obligation of reimbursement against Defendant in the list of creditors (hereinafter “instant obligation”).

【Reasons for Recognition】 Each entry in Gap evidence 1 through 3 (including evidence with a serial number) and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiffs asserted that the instant lawsuit did not have intention to omit the entry of the instant obligation against the Defendant in the creditor list in the bankruptcy and immunity procedure, and sought a confirmation of the exemption from the instant obligation.

(b)in a lawsuit for confirmation, confirmation as a requirement for protection of rights;