1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 22, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of money received by transfer (Seoul Central District Court 2016Ga Office 6976057), and the said court rendered a judgment on March 22, 2017 that “the Plaintiff shall pay to the Defendant 11,124,623 won and 2,686,487 won with interest of 15% per annum from March 19, 2017 to the date of full payment,” and the said judgment became final and conclusive on April 25, 2017.

The claim established by the above judgment is the claim of this case.

B. On June 30, 2017, the Defendant obtained the execution clause regarding the above judgment from the above court.

C. Meanwhile, the Plaintiff filed an application for bankruptcy and immunity with the Busan District Court Decision 2016Hadan2191, 2016Ma2191, and filed an application for immunity from the above court on December 28, 2017.

(B) Upon receipt of the decision to grant immunity, the aforementioned decision to grant immunity became final and conclusive on January 13, 2018. 【Evidence Nos. 1, 3, 1, and 1, 1, and 1, 200, respectively, and the purport of the entire pleadings.

2. The Plaintiff asserted that the claim of this case was exempted by the decision of exemption of this case, since the Plaintiff did not have omitted the report of this case in bad faith in the decision of exemption of this case.

On the other hand, 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 of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s right or legal position in danger of infeasible apprehensions (see Supreme Court Decision 2017Da17771, Oct. 12, 2017). The health stand for this case, the claim of this case for confirmation of discharge is a claim with the title of execution by the final and conclusive judgment, and the Plaintiff, the debtor, is an obligor, and the right of this case is a claim with title of execution by the final and conclusive judgment, such as a subsequent appeal or a lawsuit of demurrer