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(영문) 서울중앙지방법원 2020.09.11 2020가단3589
면책확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is subject to immunity on August 21, 2018, and the effect of immunity is not to be omitted in the creditor list in bad faith, and thus, it extends to the effect of immunity.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Notwithstanding the confirmation of the decision to grant immunity to a bankrupt debtor, where any claim is disputed as to which non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of the exemption, remove the current apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal

Therefore, in such a case, seeking confirmation of exemption is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). Comprehensively taking account of the overall purport of pleadings in the evidence Nos. 3, Nos. 1, 2017Da17771, and Nos. 1, 3 and 4, as a whole, D Co., Ltd., a creditor prior to the transfer of the instant claim, requested the Plaintiff to issue a payment order with respect to the instant claim on January 25, 2017, and received the payment order on February 3, 2017 (Yan District Court Branch Branch Branch Branch Decision 2017Guj158), and the said payment order became final and conclusive on February 28, 2017. Thus, insofar as the Plaintiff did not go through any other relief procedure, such as filing an objection against the above payment order, the mere fact that the Plaintiff was subject to the exemption confirmation judgment cannot be excluded from the enforcement order, and thus, the risk of the Defendant’s compulsory execution is not still eliminated

Therefore, the instant lawsuit cannot be an effective and appropriate means to eliminate the Plaintiff’s legal uncertainty, and thus there is no benefit in confirmation.

3. Conclusion.

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