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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 14, 2006, the Defendant (Seoul District Court 2006Kadan6118) filed a lawsuit against the Plaintiff for a claim for reimbursement amounting to Daejeon District Court Gong2006Kadan6118. On October 14, 2006, the above court rendered a judgment that the Plaintiff would pay to the Defendant 49,259,940 won and damages for delay at each rate of 5% per annum from October 1, 2005 to November 28, 2006, and 20% per annum from the next day to the date of full payment (hereinafter “the judgment of the previous suit of this case”). The above judgment became final and conclusive at that time.
B. At the time of filing an application for bankruptcy and discharge with the Cheongju District Court No. 2012Hadan1121, 2012Ka121, the Plaintiff omitted the Defendant’s liability for reimbursement from the list of creditors. In such a situation, the said court declared the Plaintiff’s bankruptcy on October 1, 2013, rendered a decision to exempt the Plaintiff from liability on November 14, 2013, and the said decision to grant immunity became final and conclusive on December 5, 2013.
(hereinafter referred to as “instant decision on immunity”) . [The grounds for recognition] . Each entry and the purport of the whole pleadings in Gap evidence 1 through 4 (including each number)
2. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor shall not be exempted from liability, on the ground that the judgment on the prior suit of this case was rendered through service by public notice, and that the judgment was rendered, and that the Plaintiff was not aware of the fact that the judgment was rendered, and that at the time of filing an application for bankruptcy and exemption, the Plaintiff failed to report the obligation for indemnity against the Defendant at the time of filing an application for the bankruptcy and exemption. However, Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor shall not be exempt from liability. The Plaintiff’
3. A lawsuit seeking confirmation as to the legitimacy of a lawsuit is determined by a judgment of confirmation in order to eliminate such apprehensions and risks when the legal status of the Plaintiff is unstable or dangerous.