1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff was granted immunity on March 7, 2018 (hereinafter “instant immunity exemption”) upon filing bankruptcy and application for immunity with the Incheon District Court No. 2017, 1750, 2017Hadan1752, and the said immunity became final and conclusive on March 22, 2018.

B. The Defendant filed an application against the Plaintiff for a payment order of the acquisition amount under Seoul Western District Court Decision 2013 teab.8415, and the above court rendered a payment order (hereinafter “instant payment order order”), stating that “the Plaintiff shall pay to the Defendant the damages for delay calculated at the rate of 20% per annum from the day following the service of the original payment order to the full payment order, with respect to KRW 7,269,273 and KRW 1,956,000,” the payment order order was issued (hereinafter “instant payment order order,” and the Plaintiff’s obligation to take over the Defendant, which was recognized in the above payment order decision, was finalized on February 11, 2014.

C. The Plaintiff did not enter the details of the instant obligation that existed at the time of the above bankruptcy and application for immunity in the list of creditors.

[Ground of recognition] Unsatisfy, Gap evidence 3 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. A lawsuit seeking confirmation as to the legitimacy of a lawsuit 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 at the time of the most effective and appropriate means to remove the Plaintiff’s right or legal status’s danger of uneasiness.

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 exempted obligation, the debtor is in the legal position to file a lawsuit of demurrer against the claim and seek the exclusion of the executory power of the discharge.