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(영문) 수원지방법원성남지원 2015.01.08 2014가단26223
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The branch mutual savings bank of Suwon District Court filed a lawsuit against the Plaintiff seeking the payment of loans, etc. under the head of Suwon District Court 2008 Ghana14896.

Accordingly, on June 23, 2008, the above court rendered a judgment by public notice stating that "the plaintiff shall pay 1,985,051 won to a divided mutual savings bank and 6% per annum from February 8, 2003 to April 22, 2008, and 20% per annum from the next day to the date of full payment" to "the plaintiff shall pay 1,985,051 won to the divided mutual savings bank, and 20% per annum from the next day to the date of full payment," and the above judgment became final

B. On October 24, 2011, the Plaintiff filed an application for immunity and declaration of bankruptcy with the Gwangju District Court No. 2011, 1330, 201Hadan1328, and was granted immunity on October 24, 201, and the said immunity became final and conclusive on November 9, 2011.

However, the list of creditors submitted by the Plaintiff while applying for immunity did not include claims based on the above final judgment.

C. The defendant is the bankruptcy trustee of a branch mutual savings bank of the bankrupt mutual savings bank.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 2-2, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are the cause of the instant claim. As such, the Plaintiff did not intentionally omitted claims based on the above final judgment in the list of creditors while making an application for immunity. Therefore, the Plaintiff’s obligation against the Defendant based on the above final judgment is all discharged and non-existent, and sought confirmation.

On the other hand, the lawsuit for confirmation is recognized in cases where it is the most effective means to determine the legal status of the plaintiff as the confirmation judgment to eliminate such apprehensions when the legal status of the plaintiff is in danger. As seen earlier, the defendant has the title of execution against the plaintiff based on the above final judgment. As such, the plaintiff is directly in danger by filing a lawsuit of objection against the defendant seeking the exclusion of executory power against the above final judgment.

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