1. The instant lawsuit shall be dismissed.

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

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is the most effective and appropriate means to eliminate the risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decisions 2006Da68650, 6867, Feb. 9, 2007; 2014Da2082555, Mar. 15, 2017). In cases where a dispute arises as to which claim is non-exempt claims despite the confirmation of immunity against a bankrupt debtor, an obligor may file a lawsuit for confirmation of immunity to eliminate the risks existing in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executory power based on the effect of the discharge becomes an effective and appropriate means to remove the danger in the legal status.

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(see Supreme Court Decision 2017Da17771, Oct. 12, 2017). Since the existence of benefit in confirmation in a lawsuit seeking confirmation is a matter of ex officio examination, the court, regardless of the party’s assertion, should make ex officio determination.

(See Supreme Court Decision 91Da12905 delivered on July 12, 1991, Supreme Court Decision 2005Da60239 delivered on March 9, 2006, etc.). The instant lawsuit was brought for the purpose of preventing the compulsory execution procedure by obtaining the confirmation that the transferee’s claim based on the payment order (Seoul Central District Court Decision 2005Da60746 delivered on the payment order) that the Plaintiff became final and conclusive. The instant lawsuit was brought for the purpose of preventing the compulsory execution procedure. The most effective and appropriate means to prevent the compulsory execution procedure is filing a lawsuit of objection against the claim, and the confirmation of the exemption from liability becomes final and conclusive.