1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 26, 2008, the Defendant filed a lawsuit against the Plaintiff against the Daegu District Court Branch Branch of the District Court (2007 Ghana57147), claiming payment of the penalty for terminal breach of contract, and the said court rendered a judgment that fully accepted the Defendant’s claim.

B. The plaintiff appealed, and the appellate court (Tgu District Court 2008Na7619) decided to recommend reconciliation that "the plaintiff shall pay 2,500,000 won to the defendant until August 31, 2008. When the plaintiff fails to pay the above money by the payment date, the plaintiff shall pay the unpaid amount plus delay damages at the rate of 20% per annum from the day after the date of payment to the day of full payment." The above decision was finalized around that time.

C. Meanwhile, the Plaintiff filed an application for immunity with the Daegu District Court (2012.537) and the said court rendered a decision to grant immunity on September 25, 2012, and the said decision became final and conclusive around that time.

However, while applying for immunity as above, the Plaintiff omitted the Defendant’s claim against the Plaintiff in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserts that the effect of immunity extends to the above claim, since the plaintiff did not have omitted the defendant's claim in the creditor list in bad faith while applying for immunity.

With respect to the legitimacy of the instant lawsuit, there is a benefit of confirmation as a requirement for the protection of rights in a lawsuit for confirmation. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the Defendant, in order to eliminate the risks of the Plaintiff’s rights or legal status, and there is in danger in the Plaintiff’s legal status.

However, the defendant's claim against the plaintiff is based on the final decision of recommending reconciliation, which is the executive title, and there is an executive title as above.