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

A. On September 5, 2014, the Defendant filed a lawsuit against the Plaintiff (Seoul Eastern District Court 2014Gadan21558), and the said court rendered that “The Plaintiff shall pay to the Defendant 52,672,949 won and 43,369,8257 won among them, 15% per annum from March 15, 2014 to July 11, 2014, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive on September 26, 2014.

B. On October 20, 2014, the Defendant filed an application for a compulsory auction on the Plaintiff’s real estate owned by the Plaintiff with the title of execution. In the above auction procedure, the Defendant received dividends of KRW 6,90,058 on May 26, 2015.

B. On December 29, 2016, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Rehabilitation Court. On July 21, 2017, the Seoul Rehabilitation Court rendered a decision to grant immunity (Seoul Rehabilitation Court 2016,9049, hereinafter referred to as the “instant decision”) to the Plaintiff, and the said decision became final and conclusive on August 5, 2017.

However, the list of creditors submitted by the Plaintiff while applying for bankruptcy and exemption was omitted from the obligation based on the above final judgment against the Defendant (hereinafter “instant obligation”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2 (including paper numbers), Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. In bankruptcy and immunity, the Plaintiff asserts that the entry of the instant obligation against the Defendant in the list of creditors was not maliciously omitted in the creditor’s list, and sought confirmation of the exemption from the instant obligation.

B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the risks of the plaintiff's rights or legal status in danger of inbound danger.

As seen earlier, the Defendant’s Plaintiff.