1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 19, 2012, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods with the Incheon District Court Decision 2012 Ghana5862, and on September 19, 2012, the judgment that “the Plaintiff shall jointly and severally with Nonparty C pay KRW 7,996,00 to the Defendant” (hereinafter the judgment of this case) was pronounced.

B. Meanwhile, the Plaintiff was granted immunity on May 29, 2015 by filing a bankruptcy and immunity application with the Incheon District Court 2014do6167, 2014Hadan6181, and the said immunity became final and conclusive on June 13, 2015.

C. The plaintiff was above B.

The list of creditors submitted to the court at the time of bankruptcy and application for immunity as described in paragraph (1) was not stated by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff did not enter the Plaintiff in the list of creditors because it was unaware of the fact that there was a debt owed to the Defendant at the time of bankruptcy and application for immunity.

However, the effect of the above decision on immunity is limited to the defendant's claim for reimbursement against the plaintiff and thus, it is sought to confirm that the above obligation is exempted.

B. We examine ex officio the lawfulness of the instant lawsuit.

(1) A suit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered when the plaintiff’s right or legal status is the most effective and appropriate means to eliminate imminent danger.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the danger of present in his/her right or legal status.

However, in relation to the creditor who holds the executive title of the obligation which has been exempted, the debtor shall file a lawsuit of objection to the claim and exclude the executory power of the discharge.