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(영문) 서울중앙지방법원 2020.04.09 2019가합554040
채무부존재확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The ultimate purpose of this lawsuit is to seek the exclusion of executory power on the ground that the obligation owed by the Plaintiffs was extinguished due to the repayment, etc. of the obligation owed by the Defendants based on the decision in lieu of the conciliation stated in the purport of the claim, etc. in light of the above legal principles (the plaintiff filed a lawsuit to release the seizure of bank accounts through the complaint of this case and the preparatory brief dated December 20, 2019). To this end, it is most appropriate means for the plaintiffs to institute a lawsuit of demurrer, which is a special remedy procedure established by law to exclude the effectiveness of executory power, and to dispute the existence and scope of the obligation in the litigation procedure, and in fact, the plaintiffs have no interest in the lawsuit against the Defendants as Seoul Southern District Court’s claim protection as 2018, since it is the most appropriate means for the plaintiffs to seek the confirmation of the existence and scope of the obligation against the Defendants prior to the filing of the lawsuit in this case.

Therefore, since the lawsuit of this case filed by the plaintiffs is entirely unlawful, it is decided as per Disposition by the assent of all.

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