면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant holds against the Plaintiff a claim against the Plaintiff for the amount of KRW 3,428,763 and damages for delay (hereinafter “instant claim”). The Defendant, when speaking from the opposite standpoint, has a claim against the Plaintiff (hereinafter “instant claim”).
B. The plaintiff filed a lawsuit against the plaintiff as the Seoul Central District Court Decision 2008Hadan366, 2008Ma3666, and 2008Ma366 (hereinafter "the bankruptcy and exemption application of this case"), was declared bankrupt, and the exemption decision was rendered on May 23, 2008, and the above exemption decision became final and conclusive on June 8, 2008. (C) The plaintiff filed an application for bankruptcy and exemption, but omitted the claim in the creditor list. (d) The defendant filed a lawsuit seeking payment of the claim of this case against the plaintiff under the Daejeon District Court Decision 2009DaDa14717, Asan District Court 2009DaMa14717, the above court did not raise an objection against the plaintiff, which became final and conclusive on September 22, 2009, upon the plaintiff's non-performance of the debt of this case, the defendant applied for the exemption order against the plaintiff as the Seoul Southern District Court 2014 and its execution order.
“The instant suit was filed to the effect that it was “.”
[Ground of recognition] Evidence No. 1, Evidence No. 2-2, Evidence No. 3, Evidence No. 4, and evidence No. 1, and the purport of whole pleadings.
2. Determination as to the interest in the confirmation of the instant lawsuit
A. A. A lawsuit for confirmation requires the 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 and appropriate means to obtain a judgment from the Defendant to eliminate such apprehensions and risks, which are currently in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013).
The plaintiff.