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(영문) 인천지방법원 부천지원 2017.01.26 2016가단23016
면책확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff, based on the facts, filed a petition for bankruptcy and immunity with Suwon District Court Decision 2015Hadan2173 and 2015Ma2173, and filed a petition for immunity with the said court on March 28, 2016, which became final and conclusive on April 12, 2016. The list of creditors of the exemption case does not state the Plaintiff’s obligations against the Defendant, such as the written claim.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion that although the plaintiff omitted the obligation against the defendant to the creditor list in the above bankruptcy and immunity case, the plaintiff did not neglect the creditor list to submit the creditor list falsely, the effect of the above immunity extends to the defendant's obligation against the defendant. Thus, the plaintiff's claim for confirmation that the plaintiff's obligation against the defendant was exempted by the above immunity decision.

3. On November 10, 2016, the Defendant filed a lawsuit against the Plaintiff for a loan claim under the Incheon District Court Branch Decision 2016Gadan18223 regarding the obligation asserted by the Plaintiff as exempted from the obligation in this case. The fact that the said judgment became final and conclusive around that time is no dispute between the parties. In a lawsuit for confirmation, there is no interest in confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when the Defendant is the most effective and appropriate means to obtain a confirmation judgment against the Defendant, and the benefit of confirmation is recognized only when the Plaintiff’s right or legal status is currently unstable and dangerous, and the removal of its apprehension and risk is the most effective and appropriate means to obtain a confirmation judgment against the Defendant.

Even if the executive title is not naturally invalidated, and it is necessary to file a lawsuit of objection in order to exclude executive titles from executive titles, so the Supreme Court has to file a lawsuit of objection on September 16, 2013.

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