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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. The Plaintiff is a corporation that engages in the manufacturing of machinery parts under the trade name “C” in Gyeong-gun, Seongbuk-gun, and the Defendant is a corporation that engages in the sales of steel products.
B. The defendant filed a lawsuit against the plaintiff for the payment of the price of the goods as the plaintiff supplied the steel products and did not receive the price, and the Daegu District Court 2005da61185 decided that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) 27,169,648 won per annum from July 1, 2004 to July 12, 2005 and 20% per annum from the next day to the day of full payment." The above decision was finalized around that time.
C. On the other hand, on May 9, 2013, the Plaintiff was granted immunity in bankruptcy and immunity in the Daegu District Court Decision 2012Hau477, 2012 and 4477, and the said immunity became final and conclusive on May 24, 2013.
In the above bankruptcy and immunity cases, the list of creditors reported by the plaintiff shall be as follows:
The creditor list No. 58,651,480,574 won 13,274,718,68461,558,890 【No. 58,651,480 of the price of goods on May 10, 2001 58,651, 480, 5341, 890 13,274 won 71, 718, 684 61, 68461, 558, 890 'No. 890' of interest and delay damages remaining in the place of use of the principal (source) as of the date of borrowing or purchasing the creditor's list of creditors's list of creditors, 7,506,217,217,000 2.
2. We examine whether the lawsuit of this case is legitimate or not, with respect to the plaintiff's request to confirm that the plaintiff's obligation against the defendant was exempted by the above decision to grant immunity, and whether the lawsuit of this case is legitimate or not.
The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized only by the fact that there is a dispute over legal relations between the plaintiff and the defendant, but it is most likely to be judged by the confirmation decision in order to eliminate such apprehension and danger when the plaintiff's legal status is unstable or dangerous.