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

A. On July 21, 2008, Algerts Life Insurance Co., Ltd. applied for a loan claim order against the Plaintiff (Seoul Southern District Court 2008 tea10749), and received the payment order on July 29, 2008 from the above court (hereinafter “instant payment order”). On August 1, 2008, the original copy of the payment order was served on the Plaintiff on August 1, 2008, and confirmed on August 19, 2008.

B. Around April 2010, Algerts Life Insurance transferred a loan claim based on the instant payment order to Korea Deposit Co., Ltd., and at that time notified the Plaintiff of the fact of transferring the claim, and on April 29, 2016, Korea Deposit Insurance again transferred the claim to the Defendant and notified the Plaintiff of the fact of transferring the claim around that time.

C. On the other hand, on December 31, 2014, the Plaintiff applied for bankruptcy and exemption (Sacheon District Court 2014Hadan1286, 2014, 1286, 2014, 1286), and received a bankruptcy decision from the above court on February 15, 2015, and the decision became final and conclusive on September 19, 2015 upon receipt of a decision of immunity on September 4, 2015.

At the time of bankruptcy and immunity, the Plaintiff omitted the claim based on the payment order of this case in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 4, Eul evidence No. 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The Plaintiff sought confirmation that the Plaintiff’s obligation against the Defendant based on the payment order of this case was exempted due to bankruptcy and exemption from immunity. We examine ex officio the lawfulness of the instant lawsuit.

B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means for the defendant to receive a judgment of confirmation against the plaintiff when the plaintiff's right or legal status is in present unstable and dangerous, and the removal of such apprehension and danger.

Despite the confirmation of immunity against the debtor in bankruptcy, what claim is non-exemptable claims.