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(영문) 서울중앙지방법원 2016.03.17 2015가단104273
면책확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

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

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment of confirmation against the defendant when taking the judgment of confirmation is removing anxiety, danger, and risk (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). According to the record, the Plaintiff asserted that the exemption of the enforcement of credit card payment claims from September 17, 2013 was excluded by the decision of immunity (U.S. District Court 2012Da12377, Sept. 17, 2013) and sought the confirmation of the exemption of the above obligation by the instant lawsuit.

However, according to the statement in Eul evidence 6, since the defendant's credit card loans against the plaintiff are recognized as a claim with title of execution by a final judgment (U.S. District Court 2012Da317650), insofar as the plaintiff, who is the debtor, does not take other relief procedures that can exclude the executory power of a final judgment by filing a lawsuit of objection against the defendant, it cannot be excluded from the executory power of a final judgment by seeking the confirmation of exemption of credit card loans of this case. Thus, the plaintiff's lawsuit of this case cannot be deemed as an appropriate means to eliminate any apprehension and danger existing in the legal status.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

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