(영문) 서울중앙지방법원 2016.06.10 2015가단196210

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(영문) 서울중앙지방법원 2016.06.10 2015가단196210

면책확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2001, the Plaintiff entered into a monetary loan agreement with the non-party partnership company (hereinafter “non-party company”) with the limit of 2.5 million won, interest rate of 10.08%, monthly interest rate of 12%, monthly interest rate of 12%, and August 16, 2006, and received a loan from the non-party company.

B. On May 29, 2013, the Defendant acquired the claim for the above loan against the Plaintiff of the non-party company through the non-party YI Capital Co., Ltd., and filed a lawsuit against the Plaintiff for the claim for the amount of the loan under this Court No. 2013 Ghana53419, and filed a lawsuit against the Plaintiff on May 29, 2013, “the Plaintiff shall pay to the Defendant the amount of KRW 17,193,931 and the amount of KRW 2,352,240 per annum from January 10, 2013 to the day of full payment” (hereinafter “instant judgment”), and the judgment of this case became final and conclusive around that time.

C. Meanwhile, on October 14, 2014, the Plaintiff requested bankruptcy and immunity from the Daegu District Court No. 2014Hau4386, 2014 and 4386, and received the decision to grant immunity on October 16, 2015 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on October 31, 2015.

The list of creditors submitted by the plaintiff at the time did not state the claim of this case against the plaintiff.

【Ground for Recognition: Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including each number), the purport of the whole pleadings】

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff is seeking confirmation of exemption from the claim of this case that occurred prior to the confirmation of the decision to grant exemption of this case. We examine the legitimacy of the lawsuit of this case ex officio prior to the judgment on the merits.

If a lawsuit for confirmation is lawful, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is to eliminate the danger of the plaintiff's rights or legal status, and there is a danger of uneasiness.

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