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(영문) 수원지방법원안산지원 2019.05.08 2019가단1725
면책확인
Text

1. The part of the instant lawsuit seeking the confirmation of immunity shall be dismissed.

2. The defendant's Suwon District Court against the plaintiff.

Reasons

1. Notwithstanding the determination of the legality of the claim for the confirmation of immunity, where a claim is disputed as to which claim is non-exempt claims, the debtor may remove the present apprehension and danger in the rights or legal status by filing a lawsuit for the confirmation of immunity.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(see Supreme Court Decision 2017Da17771, Oct. 12, 2017). Therefore, even though the above Decision 2011Da39704 was rendered, seeking confirmation of immunity without filing a claim objection lawsuit is not a final resolution method of dispute, and thus, there is no benefit of confirmation.

2. Determination on the part of the claim objection

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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