면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 11, 2020, the Defendant applied for a payment order against the Plaintiff and received a payment order with the content that “the Plaintiff shall pay to the Defendant 49,426,33 won and 19,196,54 won per annum 14.9% per annum from February 15, 2020 to the date of full payment, 392,579 won, 6% per annum from February 15, 2020 to the date of full payment,” and the payment order became final and conclusive as is.
On February 1, 2017, the Plaintiff filed bankruptcy and application for immunity with the Suwon District Court (hereinafter “instant immunity”). The decision became final and conclusive on February 16, 2017.
In the above application for immunity, the list of creditors submitted by the Plaintiff is omitted from the above loans to the Defendant or the claims on the payment order (hereinafter “instant claims”).
[Ground of recognition] Facts without dispute, Gap 1 through 6, purport of the whole pleadings
2. The plaintiff's assertion that the plaintiff did not enter the claim of this case in the list of creditors is not intentional by the plaintiff's negligence, and the effect of the decision on immunity of this case extends to the claim of this case.
The exemption from the claim of this case is confirmed.
3. In a lawsuit for confirmation of determination, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant, in order to eliminate the risks of the plaintiff's rights or legal status at present and the apprehensions.
However, the instant claim is a claim based on the payment order, the executive title of which is finalized.
As above, the fact that there was a immunity in the event of enforcement title does not automatically lose the effect of enforcement title, but is an entity that can exclude the enforcement force of enforcement title through a lawsuit claiming objection.