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

A. On June 28, 2005, the defendant filed an application with the plaintiff and the non-party C for a payment order claiming the payment of the loan of KRW 17 million and delay damages against the plaintiff and the non-party C as the resident stay support district court of Daegu on June 28, 2005. The above court ordered the payment order with the same content as the defendant's application on July 14, 2005, and the payment order (hereinafter "the payment order of this case") became final and conclusive around that time.

B. The Plaintiff’s bankruptcy, exemption, etc. (1) On October 19, 2006, the Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court No. 2006Hadan8344, 2006 and 8826 on July 18, 2007 (hereinafter “instant exemption from immunity”).

(2) However, the list of creditors submitted by the Plaintiff at the time of the decision on immunity of this case did not indicate the Plaintiff’s obligations against the Defendant. The above decision on immunity was finalized on August 3, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. First of all, we examine the legitimacy of the instant lawsuit ex officio as to the lawfulness of the instant lawsuit.

The Plaintiff asserts to the Daegu District Court that, as seen above, the existence of the obligation against the Defendant at the time of filing an application for bankruptcy and exemption was not recorded in the list of creditors, and thus, the obligation against the Defendant was exempted pursuant to the instant immunity decision, and that the Defendant’s filing an application for specification of property, etc. makes the Plaintiff uneasy, thereby seeking confirmation that the said obligation was exempted.

However, a lawsuit for confirmation is allowed when it is the most effective and appropriate means to obtain a confirmation judgment in order to eliminate the apprehension and risk existing in the rights or legal status and to eliminate such apprehension and risk.

However, like the plaintiff's assertion, the defendant's claim against the plaintiff is the debtor's rehabilitation.