면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that the Defendant filed a lawsuit against the Plaintiff as Seoul Central District Court Decision 2006Ga72114 and rendered a favorable judgment. The Plaintiff sought confirmation that the claim against the Defendant was exempted from the obligation to grant immunity in the Suwon District Court Decision 2008Da9895 on February 10, 2010, on the ground that the decision became final and conclusive upon receipt of a immunity decision.
2. We examine ex officio the legality of the instant lawsuit.
Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property that has arisen before the declaration of bankruptcy against a debtor shall be a bankruptcy claim," and Article 566 of the same Act provides that "the debtor who has been exempted shall not be exempted from all of his/her obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to any of the following claims." Thus, even if bankruptcy claims are not entered in the list of creditors in the application filed for immunity, unless they fall under any of the subparagraphs of the proviso of Article 566 of the same Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). Where a debtor seeks the exclusion of executive force of a claim that has arisen after the closure of pleadings with respect to the claim that has become final and conclusive by the judgment, the debtor may seek an executory power by filing a lawsuit against the claim. Therefore, where a bankruptcy claim of the debtor who has been exempted becomes final and conclusive by the judgment, the debtor may seek an executory power:
Therefore, in the event that an obligor wishes to be exempted from liability based on a final judgment on the ground of immunity, seeking an executory power as a lawsuit of demurrer is the most effective and appropriate means to eliminate legal anxietys resulting therefrom, there is no benefit to seek confirmation of immunity.
The evidence Nos. 2, 3, and 1, 3, respectively.