Litigation costs shall be borne by the plaintiff.

The Plaintiff, based on the claim based on the payment order issued by the Incheon District Court 2012 tea31370 and the original copy of the payment order, has a claim against the Plaintiff for the execution expenses related to the case of the claim seizure and collection order issued by the Incheon District Court 2020 Tagae 527393 based on the original copy of the payment order. On January 4, 2016, the Plaintiff asserted that the exemption decision was finalized on January 19, 2016 by the Incheon District Court 2015Mo3454 and the exemption decision became final and conclusive on January 19, 2016, and that the omission of the Defendant’s claim by the obligee in the list of the creditors of the above exemption case was merely a mere omission of the Plaintiff’s claim

However, in cases where a claim is disputed whether a non-exempt claim is established notwithstanding the confirmation of immunity against a debtor in bankruptcy, the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status by filing a lawsuit seeking the exclusion of the executory power based on the effect of immunity in relation to the creditor who holds the executive title with respect to the exempted obligation, is an effective and appropriate means to eliminate the existing apprehensions in his/her legal status.

Therefore, in such a case, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017, etc.). With respect to the instant case, the fact that the Defendant holds executive title called the payment order, which is the payment order, from the Incheon District Court 2012Hu31370 with respect to the Plaintiff’s claim against the Plaintiff, is apparent in itself of the Plaintiff’s assertion. Thus, in order for the Plaintiff to claim the exemption of the above obligation based on the exemption order, seeking for the exclusion of enforcement by filing a lawsuit of objection against the above payment order is an unstable risk in legal position.