(영문) 서울서부지방법원 2017.12.12 2017가단17873

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(영문) 서울서부지방법원 2017.12.12 2017가단17873

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion is seeking confirmation that the Plaintiff’s obligation based on the judgment stated in the claim against the Defendant, by seeking bankruptcy and exemption from immunity.

2. We examine the legitimacy of the instant lawsuit ex officio.

In a lawsuit for confirmation, there must be a 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 and appropriate means to obtain a judgment against the defendant to eliminate such apprehension or danger in the plaintiff's rights or legal status.

However, according to the overall purport of pleadings in the statement in Gap evidence Nos. 1 through 5 (including the branch number), and Eul evidence No. 1, the plaintiff filed a lawsuit against the plaintiff (including the Seoul Western District Court Decision 2013Hahdan4397, 2013 4381) and filed a motion for bankruptcy and immunity (the court's District Court Decision 2013Hahdan4397, 2013 4381). The defendant's claim against the plaintiff against the plaintiff in the list of creditors of the above decision to grant immunity becomes final and conclusive around Jan. 30, 2015. The defendant's claim against the plaintiff in the Korea Savings Bank after the above decision to grant immunity is omitted, and the decision becomes final and conclusive on May 11, 2017, and its enforcement title becomes void as a matter of course on the ground that the defendant's claim against the plaintiff becomes final and conclusive.

Therefore, the lawsuit of this case seeking the confirmation of discharge of the same obligation as the subject matter of the final and conclusive judgment cannot be deemed the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger, and therefore there is no benefit of confirmation.

In addition, the plaintiff has already filed the lawsuit of this case in the principal lawsuit of the above final judgment.

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