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

A. In around 2017, the Plaintiff filed bankruptcy and application for immunity with the Seoul Rehabilitation Court (the foregoing court lower court 2017Hadan3143, 2017 3143, 3143). On October 27, 2017, the above court rendered a decision to discontinue the bankruptcy on the same day, and rendered a decision to discontinue the bankruptcy on the same day. At that time, the Plaintiff’s list of creditors omitted the entry of the loan amounting to KRW 15 million against the Plaintiff (interest 2).

B. On December 6, 2017, C transferred the claim against the Plaintiff to the Defendant.

(hereinafter referred to as "the proceeds of this case"). (c)

Around 2018, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant transfer amount with Seoul Eastern District Court 2018Gaso321458 (the assignment notice sent by C to the Plaintiff on December 11, 2017 by content-certified mail is deemed to have been served on the Plaintiff in the said litigation procedure). On October 16, 2018, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 15 million with interest of KRW 15 million and 24% per annum from December 11, 2014 to the date of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter the above judgment is referred to as "the judgment of this case"). [The grounds for recognition: the entries in Gap evidence 1 to 5 and the purport of the whole pleadings]

2. Determination on the legitimacy of the instant lawsuit

A. The plaintiff, based on the bankruptcy and exemption decision, sought confirmation that the obligation of this case against the defendant was exempted from the obligation of this case by the judgment of this case. We examine ex officio the legality of the lawsuit of this case.

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.

In addition, any claim shall be subject to a decision to grant immunity to the bankrupt debtor.