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(영문) 대전지방법원논산지원 2014.11.13 2014가단4906
면책확인
Text

1. The plaintiff's total amount of KRW 9,50,000 based on each monetary loan contract on October 20 and November 10, 2003 against the defendant.

Reasons

1. Indication of claim;

A. The Plaintiff borrowed a total of KRW 9,500,000 from the Defendant as of October 20, 2003 and November 10, 2003 by setting the due date as of January 10, 2004.

B. The Plaintiff filed an application for bankruptcy and immunity with the Daejeon District Court Decision 2008Hadan4637, 2008da4634, which was declared bankrupt, and the decision to grant immunity on August 28, 2009 was made. The decision to grant immunity became final and conclusive on September 16, 2009.

In the above bankruptcy and exemption case, the Plaintiff did not enter each of the above loans owed to the Defendant in the list of creditors.

C. On January 23, 2014, the Defendant filed a lawsuit against the Plaintiff on the grounds of each of the above loans, and received a decision of performance recommendation with the purport that the Plaintiff shall pay to the Defendant an amount calculated by the rate of 20% per annum from January 29, 2014 to the date of complete payment, following the delivery of the amount of KRW 9,500,000 and a copy of the decision of performance recommendation, and the said decision became final and conclusive.

Each of the above loans owed by the Plaintiff against the Defendant was exempted, and the Plaintiff has a benefit to seek confirmation.

[This case’s lawsuit cannot be deemed unlawful solely on the ground that the purpose of this case’s lawsuit is not the sole object of excluding executory power, on the sole basis of the fact that it is possible to file a lawsuit seeking objection, and thus, it does not constitute unlawful because the lawsuit seeking confirmation of exemption does not have any interest in confirmation (see, e.g., Supreme Court Decision 2012Da108863, May 9, 2013). Although recognizing the benefit of confirmation, this judgment of exemption does not preclude the enforcement of the said decision of performance recommendation.

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