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(영문) 서울중앙지방법원 2017.07.18 2017가단5072627
면책확인
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 defendant, around June 27, 2008, from Han Il-soon Co., Ltd. around June 27, 2008, the above non-party company

5. Around 27.27. Around the Industrial Bank of Korea acquired credit card payments and loans from the Plaintiff, and filed an application with the Plaintiff for a payment order claiming the payment of the above amount under the Seoul Central District Court 2010 tea 61981. Accordingly, the payment order issued on September 1, 2010 and issued on September 1, 2010.

9.25. A final and conclusive date.

B. On July 6, 2012, the Plaintiff filed an application for bankruptcy and exemption, and was declared bankrupt on June 11, 2013 in Suwon District Court Decision 2012Hadan5119, 2012Ma5119, and the exemption was decided on October 21 of the same year, and the said exemption became final and conclusive around that time. The list of creditors submitted by the Plaintiff in the bankruptcy and exemption procedure was not indicated in the above Defendant’s claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Whether the lawsuit of this case is legitimate, the plaintiff was granted immunity in bankruptcy and immunity procedures as seen earlier, and the plaintiff did not enter the defendant's claim in the list of creditors at the time, but did not enter it in bad faith. Thus, the plaintiff's obligation against the defendant against the defendant is asserted as exemption from the above immunity, and therefore, the plaintiff's claim is confirmed as to the legitimacy of the lawsuit of this case ex officio.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and where the judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk, due to which the plaintiff's right or legal status is unstable or

The defendant's claim is a claim based on the payment order established earlier.

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