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(영문) 서울중앙지방법원 2019.10.10 2019가단5039259
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. The Plaintiff was declared bankrupt on September 4, 2009 in this Court Decision 2009Hadan227999, and was granted immunity on November 13, 2009 in the case of immunity No. 2009, the Plaintiff became final and conclusive on November 28, 2009.

B. Although the Plaintiff did not enter the Defendant’s loan claims in the obligee’s list in the above bankruptcy and exemption case procedure, this does not constitute an omission by bad faith, and the effect of exemption extends to the Defendant’s above claim.

C. Nevertheless, the Defendant brought a lawsuit seeking the payment of the above loan debt against the Plaintiff, which was the subject of this court’s claim against the Plaintiff, and accordingly, the Plaintiff brought the instant lawsuit against the Defendant for the purpose of seeking confirmation of the exemption of the above loan debt.

2. The confirmation of exemption of loan obligations against the Defendant for which the Plaintiff sought as the lawsuit in this case regarding this safety defense can be removed from the present danger and unexplosion sufficiently by asserting that the Plaintiff asserted in the course of the lawsuit in the foregoing loan case, which is a prior performance suit against the same claim, and thus, the lawsuit filed separately for confirmation of exemption cannot be the most appropriate means.

Therefore, the lawsuit of this case is illegal because there is no benefit of confirmation, and the defendant's main defense pointing this out is justified.

3. Conclusion of the instant lawsuit is dismissed, and it is so decided as per Disposition.

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