면책확인
1. The part concerning the claim for confirmation of discharge among the instant lawsuit is dismissed.
2. The defendant's objection against the plaintiff 2015 Ghana32727.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. With respect to creditors who hold executive titles with respect to the obligations which have been discharged due to partial dismissal or bankruptcy, seeking the exclusion of executive force by filing a lawsuit of demurrer against a claim becomes an effective and appropriate means to remove the danger of present in the legal status.
It is unlawful to seek the confirmation of exemption because it is not a final solution of dispute, and there is no benefit of confirmation.
(see Supreme Court Decision 2017Da17771, Oct. 12, 2017). Therefore, in this case where the Defendant, a creditor, holds an executive title of a final and conclusive judgment with respect to the obligation claimed by the Plaintiff, seeking the confirmation of discharge is not a final and conclusive resolution method of dispute.
Therefore, the part of the claim for confirmation of exemption in the lawsuit of this case is unlawful as there is no benefit of confirmation.