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(영문) 광주지방법원순천지원 2020.04.29 2019가단83615
면책확인의 소
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.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). Comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 1 and 4, E organizations filed an application with the Plaintiff for a payment order seeking reimbursement under the court’s 2010 tea3518 against the Plaintiff, and the original copy of the payment order was served on the Plaintiff on December 23, 2010, and the said payment order became final and conclusive around that time, and the Defendant is granted the succeeding execution clause on May 29, 2019 upon the transfer of claims under the above payment order from E organizations around December 21, 2017.

According to the above legal principles and the above facts, E organization applied for a payment order against the plaintiff, and the above payment order was finalized as it is, and the defendant transferred a claim under the above payment order from E organization and received succession execution clause and received succession execution clause, and the defendant's executive title exists to the defendant. Thus, the plaintiff's claim for confirmation of exemption from liability against the defendant is not a final resolution method of dispute.

Therefore, the instant lawsuit has no interest in confirmation.

Thus, the lawsuit of this case is unlawful and dismissed.

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