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(영문) 대전지방법원 2015.09.17 2015가단21896
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2015, the Defendant filed an application with the Plaintiff for a payment order of acquisition money of installment purchase money (hereinafter “instant payment order”) with the court seeking the payment of acquisition money of installment purchase money, such as the written claim, as stated in the purport of the claim. On April 1, 2015, the above court issued a payment order with the same content as the Defendant’s purport of the application (hereinafter “instant payment order”), and the instant payment order became final and conclusive on June 2, 2015.

B. On November 9, 2011, the Plaintiff filed an application for individual bankruptcy and exemption with the Incheon District Court, and was declared bankrupt on October 19, 2012 by the court below 201Hadan6311. On January 30, 2013, the decision to grant immunity was finalized on February 14, 2013 (hereinafter “the decision to grant immunity”).

C. The list of creditors submitted by the Plaintiff at the time of the decision to grant the immunity of this case did not indicate the Plaintiff’s obligation to take over the purchase price of installment payments against the Defendant (hereinafter “instant obligation”).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. As to the lawsuit of this case seeking the confirmation of the exemption from the obligation of this case filed by the Plaintiff on the ground that the Plaintiff was not able to repay the obligation of this case, if the decision of the Incheon District Court on the legitimacy of the lawsuit of this case became aware of the omission of the obligation of this case after being declared bankrupt and exempted from the obligation of this case, and if the decision of immunity is not effective, it is proper for the Defendant to file a lawsuit seeking the confirmation of exemption from the obligation of this case on the ground that the payment order of this case was legally served and confirmed as it is, to exclude the enforcement of the payment order of this case. The lawsuit

A lawsuit for confirmation is one of the most effective and appropriate means to eliminate the risk and non-explosion that exists in the rights or legal status, and that is, the protection of rights of confirmation.

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