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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, engaged in wholesale and retail business, etc. of agricultural and livestock products, supplied the livestock products to the Plaintiff who operated the refined point by up to 2012, but failed to receive KRW 10,696,774 out of the price. On July 26, 2012, the Seoul Southern District Court filed a lawsuit on the purchase price claim against the Defendant and issued a decision on the purchase recommendation (hereinafter “decision on the execution recommendation of this case”) on August 3, 2012 from the said court. The instant decision on the execution recommendation of this case was served on the Defendant on August 8, 2012 and became final and conclusive on August 25, 2012.
B. On November 23, 2012, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court No. 11840 and 2012Hadan11840, and the said court’s decision on November 7, 2013 (hereinafter “instant bankruptcy and exemption decision”) became final and conclusive on October 22, 2013 upon receiving exemption from the said court.
C. At the time of the bankruptcy and immunity of this case, the Plaintiff omitted the Defendant’s claim based on the Defendant’s decision on the instant performance recommendation.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap 1, 2, and 3 evidence and Eul 1 (including branch numbers), the purport of the whole pleadings
2. Determination:
A. The Plaintiff seeks confirmation that the Plaintiff’s obligation against the Defendant was exempted on grounds of the bankruptcy and immunity in the instant case. We examine ex officio whether the instant lawsuit is lawful.
B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means for the defendant to receive a judgment of confirmation against the plaintiff when the plaintiff's right or legal status is in present unstable and dangerous, and the removal of such apprehension and danger.
However, despite the confirmation of the decision to grant immunity to a debtor in bankruptcy, where a claim is disputed whether it constitutes a non-exempt claim, the debtor is entitled to file a lawsuit to confirm the immunity.