1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On October 26, 2013, Nonparty B Co., Ltd. (Nonindicted Company) had the obligation to pay rent of KRW 38,069,660 to the Defendant, and the Plaintiff, as the representative director of the Nonparty Company, jointly and severally guaranteed the obligation to pay the above rent under the letter of undertaking (Evidence B No. 1-2).

B. On January 21, 2014, the Defendant issued a payment order (the instant payment order) to the non-party company and the Plaintiff on January 21, 2014, that “the non-party company and the Plaintiff jointly and severally paid KRW 38,069,66, and the delay damages and the expenses incurred in demanding the payment thereof to the Defendant, jointly and severally,” and the said payment order was sent to the Plaintiff on January 28, 2014 and finalized on February 12, 2014.

C. On December 7, 2017, the Plaintiff received a decision to grant immunity from the Suwon District Court under 2017Da10754, and the decision to grant immunity became final and conclusive on December 7, 2017. The Plaintiff did not enter the obligation based on the instant payment order in the list of creditors of the said exemption case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. The plaintiff sought confirmation that the above joint and several liability is exempted on the ground of a decision to grant immunity. (Although the purport of the claim is stated as a monetary loan obligation, according to the purport of the entire complaint and oral argument, the obligation claimed by the plaintiff is a joint and several liability obligation based on the letter of undertaking of No. 1-2 of the evidence No. 1-2), and ex officio, we examine the legitimacy

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment from the defendant to eliminate such apprehension or danger in the plaintiff's rights or legal status.

Notwithstanding the determination of immunity for the debtor under bankruptcy, any claim shall be.