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(영문) 의정부지방법원 고양지원 2021.02.04 2020가단11721
면책확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff has a claim against the Plaintiff based on the High Government District Court Decision 2012 Ghana 7530 Decided March 3, 2015, and the Plaintiff, upon obtaining immunity from the Daejeon District Court 2014 as of March 3, 2015, became final and conclusive upon receipt of the said immunity decision by the Daejeon District Court 2839. The Defendant’s omission of the Defendant’s claim in the list of creditors in the above case’s immunity is merely a mere acceptance, but does not have omitted the Defendant’s claim in bad faith, and sought confirmation of the Plaintiff’s exemption from each of the above obligations against

On the other hand, in the event that the issue is whether certain claims are non-faceted claims despite the confirmation of immunity, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing anxiety and danger in the rights or legal status by filing a lawsuit seeking the exclusion of executory power based on the effect of immunity in relation to the creditor who has the source of enforcement of the immunity obligations, is an effective and appropriate means to file a lawsuit seeking the exclusion of executory power based on the effect of immunity in relation to the creditor who has the source of enforcement

Therefore, in such a case, seeking confirmation of exemption is not a final resolution of a dispute, and there is no interest in confirmation (see Supreme Court Decision 2017Da17771, Oct. 12, 2017, etc.). The fact that the Defendant has the title of enforcement of the judgment, which is the High Government Branch Decision 2012Gau support 2012, which is the High Government Branch Decision 7530, against the Plaintiff’s claim against the Plaintiff, is apparent in itself as to the Plaintiff’s assertion. Thus, in order for the Plaintiff to claim exemption of the above obligation, seeking confirmation of exemption of enforcement is an effective and appropriate means to file a lawsuit of demurrer to the above judgment, and seek confirmation of exemption of enforcement, because it is a valid and adequate means to eliminate risks existing in the legal position. Therefore, the Plaintiff’s claim for confirmation of exemption

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