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

A. On October 8, 2004, the Defendant guaranteed the Plaintiff’s card payment obligation to Samsung Card Co., Ltd., and on March 28, 2005, the Defendant repaid the Plaintiff’s card payment obligation to the said company by March 28, 2005.

B. On June 12, 2007, the Plaintiff was declared bankrupt by the Suwon District Court 2006Hadan10595, and on August 9, 2007, the exemption from immunity was finalized by the Suwon District Court 2006Ma12165, and around that time, the exemption from immunity became final and conclusive.

C. On August 27, 2010, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement of KRW 13,162,596 as Daejeon District Court 2010Da40247, and the interest thereon, interest thereon, and delay damages, and received a judgment on the Plaintiff’s behalf on August 27, 2010, and the said judgment became final and conclusive on September 25, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff seeking confirmation of the existence of benefit from confirmation is exempted from the Defendant’s obligation to the Defendant on the ground that the Defendant’s claim for reimbursement against the Plaintiff was exempted due to the confirmation of exemption from immunity.

However, the lawsuit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when it is the most effective and appropriate means to remove the plaintiff's rights or legal status in danger and danger.

In addition, in a lawsuit where a creditor seeks performance of an obligation against a debtor, if the debtor does not assert that the fact of immunity or the effect of immunity extends to the debtor's obligation, the issue of responsibility or executory power does not appear as a matter of practical adjudication, and thus, it does not affect the conclusion of judgment as well as the reasons. Therefore, even when the debtor is granted immunity, the judgment is rendered as requested by the creditor because the debtor did not assert the fact or the effect of immunity by the time of closing argument in the lawsuit brought