면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of arguments in evidence Nos. 1, 2 (including additional numbers), 1, and 2, the Plaintiff filed an application for immunity with the Seoul Central District Court 2006 On September 14, 2006 and received exemption from immunity on January 2, 2007 by filing a lawsuit against the Plaintiff on December 29, 2006 by the Defendant (EL card Co., Ltd.) to file a claim for the loan stated in the purport of the claim with the Plaintiff on January 9, 2007, and served the Plaintiff on July 13, 2007. The Plaintiff rendered a judgment to the effect that “the Plaintiff shall pay the principal amount of KRW 11,00,000 and interest thereon, delay damages,” and the Plaintiff’s claim list as at the time the judgment of the Plaintiff became final and conclusive on August 21, 207 (hereinafter “the Plaintiff’s claim list”).
2. The plaintiff's assertion that it is not intentional to omit the loan claim of this case in the creditor list, and thus, the effect of exemption does not extend to the loan claim of this case. The defendant asserts that exemption does not extend to the effect of exemption because the plaintiff omitted the loan claim of this case in bad faith
3. In a lawsuit for confirmation of ex officio as to the legitimacy of the instant lawsuit, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the Defendant, in order to eliminate the risks of the Plaintiff’s rights or legal status at present and the risk of apprehension.
The loan claim of this case is a claim based on a final and conclusive judgment, which is an executive title, and the fact that immunity has been granted in the event that an executive title exists does not automatically lose executive power, but is merely a substantive ground for the above immunity to file an objection suit.
Supreme Court Order 2013Ma1438 Decided September 16, 2013