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(영문) 서울서부지방법원 2018.08.29 2018가단155
면책확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the danger of present in his/her right or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, it is an effective and appropriate means for the debtor to file a lawsuit of demurrer and seek the exclusion of executive force based on the validity of the exemption from liability, and in such a case, seeking the confirmation of exemption from liability is not a final resolution method of dispute, and it is unlawful because there is no interest in confirmation.

(2) In light of the purport of the entire pleadings in the written evidence No. 1, 2017 (see Supreme Court Decision 2017Da17771, Oct. 12, 2017). In full view of the purport of the entire pleadings in the written evidence No. 1, the Defendant may acknowledge facts with respect to the claims stated in the written claim for which the Plaintiff seeks confirmation of discharge. As such, it is an effective and appropriate means for the Plaintiff to file a lawsuit claiming objection against the said final judgment and seek to eliminate the executory power based on the effect of discharge.

Therefore, since the lawsuit of this case is unlawful as there is no benefit of confirmation, it is decided as per Disposition by the assent of all participating Justices.

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