면책확인의 소
The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. The Plaintiffs asserted that Plaintiff A was declared bankrupt by the Incheon District Court Decision 2012Ha2Ha2348, and was declared bankrupt on September 28, 2012 by the same court 2012Ha2Ha2,2347, and Plaintiff B was declared bankrupt by the same court 2012HaHa413, and the decision of immunity was rendered on August 22, 2012 by the same court 2012Ha4413. The Plaintiffs asserted to the effect that, in bad faith, the Plaintiffs did not enter the obligations described in the Plaintiffs’ claim against Defendant in the list of creditors, the above obligations were exempted by the said decision of immunity.
2. The res judicata effect of a final and conclusive judgment refers to the content of the legal judgment contained in the text of the final and conclusive judgment, which serves as a new standard for regulating the relations between the parties to the lawsuit, so when the same matter becomes a problem in the lawsuit, the parties cannot make any allegations that conflict with it and the court cannot make any decisions that conflict with it, and does not allow the subsequent suit identical to the subject matter of the prior suit which is res judicata, and even if the subject matter of the prior suit is not the same as that of the subject matter of the prior suit, the subsequent suit does not allow any arguments different from the judgment of the prior suit in the case where the judgment of the subject matter of the prior suit is prior to
(2) In light of the above legal principles, the Defendant’s claim for indemnity amount against the Plaintiffs in light of the above legal principles, the Defendant’s claim for indemnity amount, etc. was asserted in good faith in the obligee’s list without knowledge of the existence of the obligation prior to the decision of discharge. However, the Defendant’s claim was omitted on the ground that the Plaintiff was sufficiently aware of the existence of the claim in the above case, and without accepting the aforementioned defense, ordered the Plaintiffs to pay the indemnity amount.