1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2008 tea9438, and the above payment order was served on the Plaintiff’s wife on February 1, 2009 and became final and conclusive around that time.

B. On February 25, 2014, the Plaintiff was granted a decision to grant immunity to the District Court 2012:3641, and the said decision to grant immunity became final and conclusive on March 12, 2014.

The plaintiff did not enter the defendant's claim in the list of creditors at the time of bankruptcy or exemption.

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 2, Evidence No. 1-2, Evidence No. 1, and the purport of the whole pleadings

2. As to the legitimacy of a lawsuit, the Plaintiff, at the time of filing an application for bankruptcy and exemption, omitted the Defendant’s claim, and the Plaintiff’s wife was served with the payment order. However, at the time, the Plaintiff was unaware of the delivery of the payment order as he left the Plaintiff, and did not confirm the Defendant’s claim even through credit information inquiry, the effect of immunity decision extends to the Defendant’s claim.

Since the plaintiff seeks confirmation of exemption while the claim under the above payment order was exempted, it is considered ex officio as to the legitimacy of the lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized in cases where receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk when the Plaintiff’s rights or legal status is unstable or dangerous (see Supreme Court Decision 2014Da218511, Dec. 11, 2014). However, the payment order for the obligation for which the Plaintiff seeks confirmation of exemption has become final and conclusive, and the Defendant is able to enforce compulsory execution with such payment order. Thus, the judgment of confirmation of exemption alone cannot be ruled out. Therefore, the Plaintiff’s rights or legal status