logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.27 2014가단120315
면책확인
Text

1. The Plaintiff’s 2,420,034 won against the Defendant and the interest thereon or damages for delay have been discharged.

Reasons

1. Facts without dispute;

A. The Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court Decision 2008Hadan9330, 2008 Ma9337 and obtained immunity on July 14, 2009. The Plaintiff omitted the obligation under Paragraph (1) of the Disposition against the Defendant (hereinafter “instant obligation”).

B. On the other hand, the defendant filed a lawsuit against the plaintiff for the performance of the obligation of this case and became final and conclusive by a judgment accepting the claim.

On February 7, 2014, Incheon District Court Decision 2013 Ghana15050 decided February 7, 2014.

A. The defendant can seek the exclusion of executive force by means of filing a subsequent appeal against the final judgment, etc. Thus, the lawsuit of this case is not only the benefit of confirmation, but also is contrary to the res judicata of the final judgment, and thus, it is unlawful and dismissed.

B. However, it is unclear whether a subsequent appeal can be filed against the above final judgment, and the lawsuit in this case seeks to confirm the effect of immunity against the defendant's claim, and it is different from the subsequent appeal for disputing the existence of the plaintiff's obligation, and thus has an independent interest in confirmation.

In addition, when a decision to grant a discharge becomes final and conclusive, the obligor is exempted from all liability to the bankruptcy creditors (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). As such, the effect of immunity is to only exempt the obligee from liability in response to compulsory execution, and the obligation itself is not extinguished. Therefore, the confirmation of discharge does not violate the res judicata of a final and conclusive judgment recognizing the existence of the obligation itself.

C. Therefore, the defendant's main defense is without merit.

3. Judgment on the merits

A. According to the above facts of recognition, the decision to grant immunity became final and conclusive, barring any special circumstance, and thus, the instant debt was discharged.

(b) against this;

arrow