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

A. On December 23, 2014, D Co., Ltd. (hereinafter “Nonindicted Company”) lent KRW 3,000,000 to the Plaintiff. On December 31, 2015, the Defendant acquired the above loan claims against the Plaintiff from the Nonparty Company, and on July 8, 2016, applied for a payment order against the Plaintiff as Seoul Southern District Court 2016Hu50569, and received a payment order (hereinafter “instant payment order”) from the said court and became final and conclusive around that time.

(hereinafter referred to as “instant claim”) b.

On June 7, 2018, upon the instant payment order, the Defendant issued a seizure and collection order as Seoul Southern District Court 2018TTTT 2018TTT 105951, and the above seizure and collection order reached the Plaintiff on August 7, 2018.

B. On October 4, 2018, the Plaintiff filed an application for bankruptcy and exemption from liability with the Seoul Rehabilitation Court Decision 2018Hadan4174, 2018Ma4174, and received a decision of bankruptcy and exemption from liability from liability from the above court on January 14, 2020 (hereinafter “instant decision of exemption from immunity”). The instant decision of exemption from liability became final and conclusive around that time.

The plaintiff did not enter the claim of this case in the list of creditors at the time of the above bankruptcy and exemption.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 3 (including paper numbers), the purport of whole pleading

2. We examine ex officio whether the instant lawsuit is legitimate or not with respect to the benefit of confirmation.

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 existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who holds the executive title of the exempted obligation, the debtor is in the legal position to file a lawsuit of demurrer against the claim and seek the exclusion of the executory power of the discharge.