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

A. The Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods with the Incheon District Court 2017 Ghana21315. On April 3, 2017, the Defendant rendered a decision of performance recommendation that “the Plaintiff shall pay to the Defendant 24,864,673 won and the amount calculated at the rate of 15% per annum from the day after the copy of the instant complaint was served to the day of full payment.”

B. Meanwhile, the Plaintiff was granted immunity on March 21, 2016 by filing bankruptcy and application for immunity with the Incheon District Court No. 2015Hadan980, 2015Ka984, and the said immunity became final and conclusive on April 5, 2016.

C. The plaintiff was above B.

The list of creditors submitted to the court at the time of bankruptcy and application for immunity as described in paragraph (1) was not stated by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff did not enter the Plaintiff in the list of creditors because it was unaware of the fact that there was a debt owed to the Defendant at the time of bankruptcy and application for immunity.

However, the effect of the above decision on immunity is limited to the defendant's claim for reimbursement against the plaintiff and thus, it is sought to confirm that the above obligation is exempted.

B. We examine ex officio the lawfulness of the instant lawsuit.

(1) A suit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered when the plaintiff’s right or legal status is the most effective and appropriate means to eliminate imminent danger.

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 danger of present in his/her right or legal status.

However, in relation to the creditor who holds the executive title of the exempted obligation, the debtor shall file a lawsuit of objection against the claim.