1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 16, 2013, D limited liability company filed an application with the Plaintiff for a payment order seeking the payment of the transferee deposit claim (hereinafter “instant claim”) with Seoul Western District Court Decision 2013 tea 40185, and received the payment order on May 20, 2013 from the said court (hereinafter “instant payment order”).

The instant payment order was finalized on August 22, 2013.

B. On February 22, 2019, D Limited Liability Company transferred the instant claim to the Defendant.

C. The Plaintiff filed an application for bankruptcy and exemption with Busan District Court Decision 2017Hadan538, 2017Ma538, and the said court rendered a discontinuation of bankruptcy and exemption from immunity (hereinafter “instant exemption from immunity”) on October 12, 2017, and the said exemption from immunity became final and conclusive on October 27, 2017.

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] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, Eul evidence Nos. 2 through 4, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The gist of the assertion is that the Plaintiff did not file a lawsuit of demurrer against the Defendant seeking the exclusion of the enforcement force of the instant payment order, and filing a lawsuit of confirmation of exemption of the instant case does not constitute a method of settlement of dispute final and conclusive. Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

B. Notwithstanding the determination of the grant of immunity to the debtor in bankruptcy, where a claim is disputed as to which claim is non-exemptable claims, the debtor may remove the existing apprehension and risk in his/her legal status by filing a lawsuit seeking confirmation of the grant of immunity.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal

Therefore, this is applicable.