2. The defendant's Daegu District Court against the plaintiff.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. In a lawsuit seeking confirmation of partial rejection of a lawsuit, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the defendant, in order to eliminate the Plaintiff’s rights or legal status in danger or in danger.

The Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, which is the executive title, and the fact that immunity was granted in the event there is an executive title does not necessarily mean that the executive title loses its effect as a matter of course, but is merely an substantial reason to exclude the executive title through a lawsuit of objection.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, even if the Plaintiff is confirmed to have the effect of immunity by judgment, the Plaintiff’s apprehension and risk that it can be subject to compulsory execution from the Defendant is still not eliminated.

Therefore, the part of the Plaintiff’s claim for confirmation of exemption cannot be deemed an effective and appropriate means to eliminate legal uncertainty and danger. Therefore, the part of the claim for confirmation of exemption in the instant lawsuit is unlawful as there is no benefit of confirmation