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(영문) 서울중앙지방법원 2015.01.15 2014가단192112
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of premise;

A. On October 14, 2008, the first mutual savings bank, Seoul Eastern District Court 2008Gaso169408, filed a lawsuit against the Plaintiff for a loan claim and received a favorable judgment on October 14, 2008. The above judgment became final and conclusive around that time, and the Defendant was granted the succeeding execution clause on July 22, 2014.

B. The Plaintiff filed an application for immunity for bankruptcy with Suwon District Court Decision 201Da5664, 201Hadan5664, and the list of claims omitted. However, on September 19, 2012, the said court rendered a decision to grant immunity, and the said decision became final and conclusive on October 5, 2012.

[Grounds for Recognition] Facts without dispute, entry of Gap 1-3, and 5 evidence, the purport of the whole pleadings

2. Determination ex officio as to the legitimacy of a lawsuit

A. The Plaintiff asserts that the obligation to the Japanese Mutual Savings Bank (including the obligation based on the previous final and conclusive judgment) was exempted and sought a confirmation of exemption.

B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant, in order to eliminate the risks of the plaintiff's rights or legal status at present, and the risk of apprehensions.

Immunity under the Debtor Rehabilitation and Bankruptcy Act was finally decided.

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 dated September 16, 2013, etc.). C.

As seen in the premise facts, the first mutual savings bank received a final judgment in favor of the plaintiff, and the defendant received the succession execution clause. As such, as the plaintiff is a successor, the existence of the debt can not be contested due to res judicata, the plaintiff's filing of the lawsuit in this case is bound to be limited to the exclusion of executive force, and the final judgment, which is the title of debt,

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