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(영문) 부산지방법원 2015.01.27 2014가단91019
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was granted immunity on July 9, 2013 by filing a bankruptcy and application for immunity with the Seoul Central District Court 2012, 8949, 2012Hadan8949, and the decision on immunity became final and conclusive on July 30, 2013.

However, in the above bankruptcy and immunity case, the Plaintiff did not enter in the list of creditors the claim that the Defendant had against the Plaintiff (hereinafter “instant claim”).

B. On September 27, 2013, the Defendant filed an application with the Busan District Court for the instant payment order against the Plaintiff (hereinafter “instant payment order”) as Busan District Court Decision 2013 tea37414, and the instant payment order was finalized on October 22, 2013.

C. The Defendant requested the Seoul Central District Court 2013TTTT 35728 to issue a collection order with the title to execute the final payment order, and received the decision of acceptance on November 12, 2013.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, a significant fact in this court, and the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff did not recognize the existence of the claim of this case at the time of bankruptcy and application for immunity, and did not have any omission in bad faith in the list of creditors. Thus, the plaintiff sought confirmation that the obligation stated in the claim of this case has been discharged.

3. 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, 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). Defendant is the Defendant.

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