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(영문) 부산지방법원 2019.06.11 2019가단303618
채무부존재확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. The defendant filed a lawsuit against the plaintiffs on January 28, 2008, claiming for loans, etc. (2008dada1532). The above court rendered a ruling that "the plaintiffs jointly and severally pay to the defendant 3,00,000 won and interest calculated at the rate of 48% per annum from January 25, 2008 to the date of full payment." The above ruling became final and conclusive on August 1, 2008. The defendant filed a lawsuit against the plaintiffs on October 16, 2018 to verify the extinctive prescription period of claims under the above final and conclusive judgment against the Busan District Court (the Busan District Court Decision 2018Da50621, Oct. 1, 2018; hereinafter referred to as "the lawsuit of performance of this case"), and the plaintiffs did not have any obligation as of October 19, 2018 and the appellate court of this case against the plaintiffs as of October 21, 2018.

2. Determination on the defense prior to the merits

A. The Plaintiffs asserted that the extinctive prescription does not exist due to the above final and conclusive judgment and sought confirmation thereof.

As to this, the defendant asserts to the purport that the plaintiffs' lawsuit is unlawful because there is no benefit of confirmation.

B. A lawsuit for determination 1 is allowed only when there is infeasible and dangerous in rights or legal status and obtaining a judgment of confirmation is the most effective and appropriate means to fundamentally resolve the dispute.

Therefore, the creditor has filed a performance suit against the debtor and continues the lawsuit.

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