logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.02.02 2017가단16245
면책확인
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 Defendant acquired a loan from the Hyundai Switzerland Savings Bank Co., Ltd. to the Plaintiff and its interest and delay damages claim against the Plaintiff.

B. On December 2, 2015, the Plaintiff filed an application for bankruptcy and discharge with the District Court for the 2015Hadan3363 and 2015 Ma3364 exemption. The above court rendered a declaration of bankruptcy in the above case, and rendered a ruling of exemption on February 17, 2017. At the time of the instant decision of exemption, the Plaintiff omitted the description of the claim, such as the Defendant’s claim against the Plaintiff (or the claim for loans to, and interest and delay damages on, the Plaintiff of the Hyundai Swiss Savings Bank, Inc.) on the list of creditors at the time of the instant decision of exemption.

C. On February 15, 2016, the Defendant filed an application with the Plaintiff for a payment order identical to the entries in the purport of the claim seeking the payment of the amount receivable, such as those stated in the foregoing paragraph (a). This order was implemented as a litigation procedure, and this court rendered a judgment with the head of the 2016 Ghana576812, and this judgment became final and conclusive on November 17, 2016.

[Reasons for Recognition] The fact that the plaintiff is the plaintiff, the fact that this court is obvious, and there is no dispute

2. Determination as to the existence of interest in the lawsuit of this case

A. With respect to the Plaintiff’s claim for the confirmation of exemption from the instant obligation, the Defendant’s claim for such confirmation cannot be deemed the most effective and appropriate means to eliminate the Plaintiff’s right or legal status’s danger. Therefore, it is unlawful.

B. In a lawsuit for confirmation 1, there should be a benefit of confirmation as a requirement for the protection of a right. The benefit of confirmation is only the most effective means to obtain a judgment against the defendant for confirmation in order to eliminate the risks of the plaintiff's rights or legal status at present and the danger of apprehension.

arrow