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(영문) 대구지방법원서부지원 2016.06.09 2015가단20166
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application for immunity for individual bankruptcy and immunity with the Daegu District Court as the Daegu District Court No. 1782, 2007Hadan1782, and the said court rendered immunity to the Plaintiff on October 20, 208.

However, in the above bankruptcy and application case for immunity, the Plaintiff did not report the obligation indicated in the separate sheet against the Defendant, and the above obligation of the Defendant was not included in the list of creditors.

The Defendant filed a loan claim lawsuit against the Plaintiff and C in order to obtain the claim stated in the separate sheet No. 2014 Ghana38089, and rendered a judgment on March 3, 2015 that “the Plaintiff and C shall jointly and severally pay to the Defendant 12,00,000 won and the interest rate of 20% per annum from February 8, 2015 to the date of full payment,” which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized solely by the fact that there is a dispute over legal relations between the plaintiff and the defendant, but it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate the anxiety risk when the plaintiff's legal status is in

On the other hand, the decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act became final and conclusive.

Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). The Plaintiff brought an action in this case by concerns over the exercise of the Defendant’s claim according to the above final judgment. The purpose pursued by the Plaintiff by the lawsuit in this case is to prevent compulsory execution based on the final judgment.

In order for the plaintiff to achieve this objective, this case, including an objection to claim.

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