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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On December 28, 2017, the Plaintiff was granted immunity on November 29, 2018 by filing bankruptcy and immunity application with the Jeonju District Court No. 2017,728, and 2017Hadan728, and the said decision became final and conclusive on December 14, 2018.
At the time of the above application for immunity, the Jeonju District Court 2017Na4075, which filed a lawsuit against the Plaintiff. The Plaintiff did not enter obligations arising from the loan in the list of creditors, and thereafter, the Plaintiff was sentenced to the order to pay to the Defendant 18,190,000 won and the amount calculated at the rate of 5% per annum from February 11, 2016 to November 23, 2017, and 15% per annum from the next day to the date of full payment, and the judgment became final and conclusive by the Supreme Court 2018Da20286.
At the time of the application for immunity, the Plaintiff did not unlawfully omit the obligation of KRW 23,709,295 based on the above judgment against the Defendant at the time of application for immunity, and thus, the above obligation also has the effect of immunity, and seek confirmation therefor.
Judgment
ex officio, we examine the legitimacy of the instant lawsuit.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means for the confirmation to eliminate the risk of uncertainty when there is unstable danger in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). As long as the Plaintiff can seek an exclusion of executory power with the above final and conclusive judgment by filing a lawsuit seeking objection against a claim for a final and conclusive judgment of a loans case No. 2017Na4075, Jeonju District Court Decision 2017Na4075, the instant lawsuit seeking confirmation against the Defendant by the Plaintiff cannot be deemed the most effective and appropriate means to remove the