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(영문) 춘천지방법원영월지원 2016.04.27 2016가단122
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On July 21, 2015, the defendant filed a lawsuit against the plaintiff and C (former name: D) for the payment of the loan under the Youngcheon District Court's Young Branch 2015 Ghana150, and was sentenced by the above court on July 21, 2015 that "the plaintiff and D shall jointly and severally pay to the defendant 10,000,000 won, and 5% per annum from August 25, 1994 to December 30, 2004, and 20% per annum from the next day to the date of full payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

On January 21, 2010, the Plaintiff filed an application for bankruptcy and exemption with the Daejeon District Court Decision 2009Hadan3183, 2009Da3185, and the decision to grant exemption was made on January 21, 2010 (hereinafter “instant decision to grant exemption”). On February 5, 2010, the instant decision to grant exemption became final and conclusive. At the time of the instant decision to grant immunity, the Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors.

【Evidence A’s evidence Nos. 1-1, 2, 2-2, and 3, and the purport of the entire pleadings, and the Plaintiff’s assertion of the purport of the entire pleadings does not enter the Defendant’s claim against the Plaintiff in the list of creditors in bad faith at the time of the instant decision to grant immunity.

Therefore, it should be deemed that the Plaintiff’s loan obligation against the Defendant under the instant judgment was exempted.

However, the defendant filed a lawsuit seeking the payment of the above loan against the plaintiff after the decision on immunity of this case and received the judgment of this case.

Therefore, I seek confirmation of the effect of immunity in relation to the judgment of this case against the defendant.

We examine the legitimacy of the instant lawsuit ex officio on the determination of the legality of the instant lawsuit.

A lawsuit for confirmation is recognized in the case where it is the most effective and appropriate means to determine it as a confirmation judgment in order to eliminate such apprehensions when the legal status of the plaintiff is unstable.

However, as seen earlier, the defendant has already received the judgment of this case against the plaintiff.

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