(영문) 서울중앙지방법원 2020.11.03 2020가단5079536

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(영문) 서울중앙지방법원 2020.11.03 2020가단5079536

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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 February 24, 2015, the Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2015 tea45624 (hereinafter “instant judgment”), but the instant judgment became final and conclusive around that time, on May 26, 2015, by referring to the litigation proceedings on May 26, 2015 and by this court 2015da597050 (e.g., September 16, 2015) with respect to KRW 14,708,282 and KRW 1,972,46 (e.g., paying to the Plaintiff the amount calculated at the rate of 39% per annum from February 18, 2015 to the date of full payment” (hereinafter “instant judgment”).

(hereinafter referred to as “instant claim”) b.

The Plaintiff filed an application for bankruptcy and immunity with Suwon District Court 2016Hawon District Court 2341, 2016Hadan2341, and received bankruptcy and immunity from the above court on December 1, 2016 (hereinafter “instant immunity”). The instant immunity became final and conclusive on the 16th of the same month.

The plaintiff did not enter the claim of this case in the list of creditors at the time of the above bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine ex officio the benefit of confirmation as to the legitimacy of the lawsuit.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal

Therefore, in this case, seeking the confirmation of immunity is not a final resolution of the dispute, and there is no benefit of confirmation.

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