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(영문) 서울중앙지방법원 2016.11.30 2016가단90500
면책확인의 소
Text

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 Plaintiff was declared bankrupt on August 30, 2012 by the Incheon District Court Decision 2012Hadan4154, and was granted a decision to grant immunity on December 31, 2012 by the same court (the foregoing decision to grant immunity was finalized on January 15, 2013), and the list of creditors at the time were as follows.

The defendant's claims as stated in the claim against the plaintiff (hereinafter "the claim of this case") were omitted.

B. On October 25, 2013, the Defendant filed an application for the payment order against the Plaintiff and C with this Court No. 2013 tea71940, which sought payment of the instant claim. On February 11, 2014, the Defendant was transferred to the litigation proceedings and brought a lawsuit with this Court No. 2014 Ghana92971, and on September 4, 2014, “The Plaintiff and C jointly and severally paid 20,000 won to the Defendant, and C paid 20% interest per annum from January 17, 2014 to the date of full payment,” and the judgment of the lower court became final and conclusive around May 26, 2015 (Seoul District Court Decision 2014Na5091).

(The plaintiff did not assert that he was declared bankrupt and exempted from immunity in the above lawsuit (hereinafter "the judgment of this case"). 【The ground for recognition】 The evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings No. 3, and the purport of the pleading No. 3.

2. Determination on the legitimacy of a lawsuit

A. The Plaintiff asserted that the Plaintiff did not omit the Defendant’s claim in the creditor list in bad faith during the process of obtaining bankruptcy and immunity, and that the instant claim was also exempted from the liability in accordance with the above exemption decision.

B. We examine the legitimacy of the instant lawsuit ex officio by determination as to the legitimacy of the lawsuit.

In a lawsuit for confirmation, there should be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is currently unstable, dangerous and dangerous in the plaintiff's rights or legal status.

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