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1. The part of the claim in this case is dismissed.
2. The defendant's Seoul Eastern District Court against the plaintiff.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. In order to be lawful in a lawsuit for confirmation as to the legitimacy of the lawsuit of this case ex officio with respect to the determination of the primary claim, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the Plaintiff’s right or legal status, and there is infeasible and dangerous danger.
However, according to the records of this case, it is recognized that the Defendant’s decision of performance recommendation was finalized on August 1, 2017 in the loan case 2017 Ghana37176 against the Plaintiff.
Therefore, the Plaintiff appears to bring a lawsuit in this case for the purpose of preventing compulsory execution based on the decision on performance recommendation. As above, the fact that there was a immunity in the event of enforcement title does not automatically lose enforcement power, but merely becomes a substantial reason to bring an objection to a claim by the said immunity (see Supreme Court Order 2013Ma1428, Sept. 16, 2013). However, even if the effect of immunity is confirmed by judgment, the Plaintiff’s apprehension and risk that it may be subject to compulsory execution from the Defendant is still not removed.
Therefore, even though the Plaintiff could immediately seek the exclusion of the executory power by filing an objection against the pertinent decision on performance recommendation, seeking the confirmation of exemption without filing a claim cannot be deemed as an effective and appropriate means to eliminate legal instability and risks, and thus, the benefit of confirmation is not recognized.
3. Judgment on preliminary claim: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).