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(영문) 수원지방법원안양지원 2019.11.22 2019가단108914
면책확인
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 that: (a) after receiving investment in approximately KRW 30 million from the Defendant, at around 2006 to around 2007, the Plaintiff: (b) prepared a monetary loan agreement with the Defendant around June 2010 at the Defendant’s request; and (c) a notary public prepared a notarial deed (hereinafter “instant notarial deed”) as a law firm C 294; and (d) subsequently, it became final and conclusive with the Incheon District Court’s District Court’s 2013Hah 3700, 2013Hah 3696, the Plaintiff confirmed that all obligations based on the said monetary loan agreement and the instant notarial deed were exempted; and (c) as such, the said monetary loan agreement and the instant notarial deed were drafted as a false agreement with the Defendant, and as such, the said notarial deed became final and conclusive for five years, the Plaintiff’s obligation does not exist due to the lapse of the extinctive prescription period.

2. The existence of the benefit of confirmation in a lawsuit for confirmation is subject to ex officio investigation as to whether the lawsuit of this case is lawful or not, and the court should ex officio determine ex officio regardless of the party's assertion.

(See Supreme Court Decision 2005Da60239 Decided March 9, 2006, etc.). A.

The litigation for confirmation of relevant legal principles requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when the judgment of confirmation is the most effective means to eliminate the plaintiff's rights or legal status in danger and danger.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive titles for the obligation which has been discharged, the debtor shall file a lawsuit of objection to the claim and set the deadline for the discharge.

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