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

A. The defendant filed a lawsuit against the plaintiff on January 30, 2007 against the plaintiff on the claim for reimbursement of KRW 27,500,000 for the management expenses paid by the defendant to the management committee on behalf of the plaintiff as Seoul Western District Court 2006Kadan25748, the Seoul Western District Court 25748, and the above judgment became final and conclusive around that time.

B. On June 21, 2010, the Plaintiff filed a petition for bankruptcy with Seoul Central District Court No. 2009Da29021, and was granted immunity from the above court on June 21, 2010.

C. On July 22, 2016, the Defendant, by making the above winning judgment against the Plaintiff as an executive title, applied for entry in the defaulters’ list as Seoul Western District Court 2016Kau436, and received a decision from the above court that “the Plaintiff shall be registered in the defaulters’ list.”

【Ground of recognition】 The fact that there is no dispute, Gap's 3, 4, Eul's 4, and Eul's 6, the purport of the whole pleadings

2. As to the lawfulness of the instant lawsuit

A. The Plaintiff’s assertion that immunity was granted to the Plaintiff and sought confirmation from the Defendant on the Defendant’s claim under the above judgment.

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

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a confirmation judgment against the defendant when there is an infeasible or risk in the Plaintiff’s rights or legal status and removing such apprehension or risk (see, e.g., Supreme Court Decision 2014Da45140, Jul. 23, 2015). It is concluded that the Defendant’s favorable judgment on the Defendant’s claim for reimbursement against the Plaintiff became final and conclusive, and even if the immunity decision pursuant to the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, it is exempted from the obligor’s obligation.