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

A. On August 22, 200, the Plaintiff agreed to place an advertisement with the Korea Phone Board Co., Ltd. (hereinafter “Nonindicted Company”) at KRW 693,000, an advertising price of which was KRW 693,00, and the Nonparty Company posted the advertisement in accordance with the said agreement.

B. On November 12, 2012, the Plaintiff was declared bankrupt by Jeju District Court 201Hadan710 upon filing a bankruptcy and application for immunity, and was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) with the same court 201Hau710 on November 12, 201, and the said decision to grant immunity became final and conclusive on November 27, 2012.

C. Meanwhile, on July 6, 2005, the non-party company filed a claim against the plaintiff for the above advertising price with Seoul Western District Court 2005da13479, and on the other hand, upon receiving a decision on performance recommendation from the above court that "the plaintiff shall pay the non-party company KRW 693,00 and delay damages therefor" (hereinafter "the decision on performance recommendation of this case"), the above decision became final and conclusive on August 17, 2005.

After that, the defendant acquired the claim from the non-party company in accordance with the decision on performance recommendation of this case.

[Ground] The defendant's assertion that the plaintiff sought confirmation that the obligation subject to the decision of the instant performance recommendation was exempted by the decision of the immunity of this case is a valid and appropriate means to eliminate the plaintiff's legal status's danger. Thus, the defendant's claim for such confirmation cannot be deemed an effective and appropriate means to eliminate the plaintiff's legal status's danger.

Judgment

A lawsuit of demurrer is aimed at excluding the executory power held by an executory power, and even if judgment becomes final and conclusive, the res judicata does not extend to the relationship of rights under the substantive law which is the cause of the executory power. Therefore, in case where the obligor files a lawsuit of demurrer against the executory power, and the obligor files a lawsuit of confirmation of the existence of the obligation with respect to the obligation which is the cause of