1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s summary of the Plaintiff’s assertion was omitted in the Plaintiff’s bankruptcy and exemption case due to the Plaintiff’s lack of knowledge of the existence of the obligation owed by the Defendant due to the reasons indicated in the separate sheet, and thus, sought confirmation that the Defendant’s claim against the Plaintiff was exempted.

2. If a lawsuit for confirmation is lawful ex officio as to the legitimacy of the lawsuit of this case, there should be interests in confirmation as a requirement for the protection of rights, and the benefits of such confirmation should be recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the Plaintiff’s rights or legal status, and there is currently apprehension and danger in the Plaintiff’s rights or legal status.

However, according to the records of this case, the Defendant filed a lawsuit against the Plaintiff on the claim for the payment of goods with Seoul Eastern District Court Decision 2013 Ghana5850, and on January 29, 2013, “the Plaintiff shall pay the Defendant KRW 10,460,135 and its delay damages,” and it is recognized that the said decision on performance recommendation was finalized on May 1, 2013.

Therefore, the Plaintiff appears to bring a lawsuit in this case for the purpose of preventing compulsory execution based on the decision on performance recommendation. As above, the fact that there was a immunity in the event of enforcement title does not automatically lose enforcement power, but merely becomes a substantial reason to bring an objection to a claim by the said immunity (see Supreme Court Order 2013Ma1428, Sept. 16, 2013). However, even if the effect of immunity is confirmed by judgment, the Plaintiff’s apprehension and risk that it may be subject to compulsory execution from the Defendant is still not removed.

Therefore, even though the plaintiff can seek the exclusion of the enforcement force by filing a claim objection against the order of payment recommendation decision, it will be raised.