(영문) 부산지방법원 2019.04.25 2018가단317245

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(영문) 부산지방법원 2019.04.25 2018가단317245

채무부존재확인

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. Defendant F Co., Ltd filed an application against the Plaintiff for a payment order claiming the payment of guaranteed debt with the Busan District Court 2010 tea20756, and the said payment order was finalized on October 29, 2010.

(hereinafter “instant payment order”). B.

After that, Defendant F Co., Ltd filed an application for the seizure and collection order with the Busan District Court 201TTB89 with the title of execution of the instant payment order, and the above seizure and collection order were finally served on the debtor and the third debtor on January 14, 201.

C. On June 18, 2014, Defendant F Co., Ltd. transferred the claim based on the instant payment order to Defendant C, and notified the Plaintiff of the transfer of the claim at that time.

[Ground of recognition] Facts without dispute, entry Eul's evidence 1 to 6, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. In order to eliminate the Plaintiff’s right or legal status in danger of imminent apprehension and danger, it is permissible to obtain a judgment of confirmation only where it is the most effective and appropriate means (see Supreme Court Decision 2000Da5640, Apr. 11, 200).

Although the Plaintiff filed the instant lawsuit by asserting that all obligations arising from the instant payment order were exempted, the ultimate purpose of the Plaintiff’s ultimate goal is to achieve the instant lawsuit is to exclude compulsory execution conducted on the Plaintiff’s property with the title of execution of the instant payment order. As such, the Plaintiff’s filing a lawsuit of objection against the Defendants in order to achieve this purpose is the most effective and appropriate means to eliminate the Plaintiff’s legal status anxiety and risk.

C. Ultimately, the lawsuit seeking confirmation of the existence of the obligation of this case is unlawful as there is no benefit of confirmation.

3. Accordingly, the Plaintiff’s lawsuit against the Defendants is unlawful and dismissed.

참조판례

-대법원 2000. 4. 11. 선고 2000다5640 판결

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