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

A. The Industrial Bank of Korea had a credit card payment claim against the Plaintiff (hereinafter “the instant credit card payment claim”). However, on June 16, 2016, the Defendant acquired the credit card payment claim against the Plaintiff via C Limited Company and D Co., Ltd.

B. The Defendant filed an application against the Plaintiff for a payment order seeking payment of credit card payment claim of this case under the Suwon District Court Branch Branch 2020 tea758, and received the payment order (hereinafter “instant payment order”) from the above court on February 6, 2020.

C. On July 30, 2013, the Plaintiff filed a bankruptcy and application for immunity with Suwon District Court Decision 2012Hadan6735, 2012Ma6735, and the said court rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”), and the decision to grant immunity became final and conclusive on August 14, 2013.

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

2. Determination as to the benefit of confirmation

A. The litigation for confirmation of the relevant legal doctrine requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when the judgment of confirmation is the most effective means to eliminate the Plaintiff’s right or legal status’s imminent unstable 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 has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executory power based on the effect of the discharge becomes an effective and appropriate means to remove the danger in the legal status.

Therefore, it is not a final solution to the dispute.