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

A. On February 26, 2015, the Plaintiff was granted immunity in Jeju District Court Decision 2013Da409 (hereinafter “instant immunity”) and the instant immunity became final and conclusive on March 13, 2015.

B. On October 30, 2015, the Defendant filed a lawsuit against the Plaintiff for a loan claim under Jeju District Court Decision 2015Da4309, and was sentenced by the said court on October 30, 2015, that “the Plaintiff shall pay to the Defendant the amount of KRW 34,525,909, and KRW 7,634,91 among them, 25% per annum from December 30, 2010 to September 30, 2015, and KRW 15% per annum from the next day to the date of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive at that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 4, and the purport of the entire pleading as to the plaintiff's assertion in bad faith that the plaintiff did not enter the claim of this case in the list of creditors at the time when the immunity decision of this case was rendered in bad faith. Thus, the claim of this case was exempted from the immunity decision of this case

We examine the legitimacy of the instant lawsuit ex officio by the determination on the legitimacy of the instant lawsuit.

A lawsuit for confirmation is recognized in the case where it is the most effective and appropriate means to determine it as a confirmation judgment in order to eliminate such apprehensions when the legal status of the plaintiff is unstable.

However, as seen earlier, the Defendant has already obtained the instant judgment against the Plaintiff, and thus, the Plaintiff may directly remove the risk of apprehension by filing a lawsuit against the Defendant seeking the exclusion of executory power against the said final judgment.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, seeking confirmation that the Plaintiff’s obligation based on the instant judgment was exempted against the Defendant cannot be deemed the most effective and appropriate means in removing current anxiety or risks. Accordingly, the instant lawsuit is ultimately brought.