(영문) 의정부지방법원고양지원 2016.11.18 2016가합1076

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2016.11.18 2016가합1076

면책효력확인

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 plaintiff filed an application for bankruptcy and discharge as Busan District Court 2007Hadan3298, 2007Ma3308, and was declared bankrupt on March 28, 2008 and confirmed on April 15, 2008. The decision was made on June 26, 2008 and confirmed on July 17, 2008, and the list of creditors at that time became final and conclusive as follows.

The joint and several liability of the Defendant was omitted.

B. On November 24, 201, the Defendant filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff for the payment of KRW 210,000,000 and the delay damages (hereinafter “instant debt”) based on the Plaintiff’s joint and several guarantee contract with the Defendant. The said lawsuit was initiated against the Plaintiff by public notice, and on July 18, 2012, “the Plaintiff shall pay to the Defendant KRW 21,00,000,000 and its interest to the Defendant from October 31, 2003 to July 18, 2012, the judgment became final and conclusive (hereinafter “instant judgment”). The judgment became final and conclusive around that time.

[Reasons for Recognition] The entry of Gap evidence Nos. 2 through 5 and the purport of the whole pleadings

2. Determination as to the plaintiff's assertion and the legitimacy of the lawsuit

A. The Plaintiff asserted that the Plaintiff did not have omitted the Defendant’s claim in the creditor list in bad faith during the Plaintiff’s declaration of bankruptcy and exemption from immunity, and thus, the Plaintiff sought confirmation of exemption from the Defendant’s obligation on the ground that the Plaintiff was exempted from the responsibility of the Plaintiff.

B. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of right, and the benefit of confirmation is the most important to obtain confirmation judgment against the defendant in order to eliminate the plaintiff's right or legal status in danger and apprehension or danger.

유사 판례

-울산지방법원 2017.03.08 2016가단6971

-울산지방법원 2017.04.05 2016가단22805

-서울북부지방법원 2017.04.06 2016가단36123

-수원지방법원 안양지원 2017.01.26 2016가합1200

-서울중앙지방법원 2016.11.30 2016가단90500