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 filed a claim against the plaintiff for a loan of KRW 360,000,000 against the plaintiff as Seoul Central District Court 2005Gahap114827, and the damages for delay thereof (hereinafter "the debt of this case"). The above lawsuit was initiated against the plaintiff by service by public notice, and on July 14, 2006, "the plaintiff shall pay 360,000,000 won to the defendant and 20% interest per annum from June 17, 2006 to the day of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.
B. The Plaintiff filed an application for bankruptcy and immunity with Seoul Central District Court No. 2007Hadan8398, 2007Da8404, and was granted immunity on February 19, 2009. The said immunity became final and conclusive on March 6, 2009, and at the time, the debt of this case was omitted in the creditor list.
C. On July 21, 2015, the Defendant: (a) filed an application for a seizure and collection order with the Suwon District Court 2015TT14891 by designating Korea Bank, etc. as the garnishee with respect to the Plaintiff as the garnishee; and (b) received a seizure and collection order from the said court on July 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. We examine, ex officio, whether the instant lawsuit is lawful or not.
The plaintiff, in bad faith, did not neglect the defendant's claim in the list of creditors, and thus, although the defendant exempted all of the debt of this case from the plaintiff's liability, it is argued that the defendant is dissatisfied with the premise that the plaintiff's liability is remaining. Thus, the plaintiff is entitled to seek the confirmation of discharge of the debt of this case.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation shall be the rights or laws of the plaintiff.