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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 18, 200 in the case of Jinwon District Court Jinwon Branch 2000Kadan1644, the judgment of May 18, 200 that "the plaintiff shall pay to the defendant the amount of KRW 30,000,000 and the amount calculated by the ratio of 25% per annum from January 14, 200 to the full payment." The above judgment became final and conclusive on June 15, 200.
On the other hand, the Plaintiff filed a petition for bankruptcy on November 22, 2006, and was granted immunity on September 28, 2007 (hereinafter “instant immunity”) and the said decision became final and conclusive on October 13, 2007 (Seoul District Court Decision 2006Da10322, 2006Hadan9840). At the time of creditor’s declaration, the Plaintiff omitted the entry of the obligation under Article 200Gadan16444 at the creditors’ list.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 6, the purport of the whole pleadings
2. In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant when it is the most effective means to eliminate the risks of the plaintiff's rights or legal status in present unstable danger.
The Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, which is the executive title, and the fact that immunity was granted in the event there is an executive title does not necessarily mean that the executive title loses its effect as a matter of course, but is merely an substantial reason to exclude the executive title through a lawsuit of objection.
(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Thus, even if the Plaintiff is confirmed to have the effect of immunity by judgment, the Plaintiff’s apprehension that it can be subject to compulsory execution from the Defendant does not still remove.
Therefore, the plaintiff's lawsuit of objection against the defendant for the exclusion of executory power against the above judgment shall be brought aside.