1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On May 8, 2013, the Defendant filed a lawsuit against the Plaintiff on May 8, 2013 against the Plaintiff for the claim for return of investment money upon termination of the contract, asserting that the Plaintiff and the Defendant jointly operated the restaurant located in Busan Seo-gu C (hereinafter “instant restaurant”); and that the Defendant is obligated to return the investment money due to termination of the said contract to the Plaintiff.

B. On December 20, 2013, the aforementioned court rendered a ruling that “the Defendant shall pay the Plaintiff the amount of KRW 60,000,000 and the amount calculated by the rate of KRW 20% per annum from January 1, 2014 to the date of full payment” (hereinafter “instant prior ruling”). The instant prior ruling became final and conclusive on March 30, 2015.

[Ground of recognition] Facts without dispute, entry Eul 1-1 to 4, purport of the whole pleadings

2. The plaintiff's assertion

A. Article 45 of the Commercial Act provides, “If the transferee is liable for the repayment under Article 42(1) or the preceding Article, the transferor’s obligation to a third party shall expire after the lapse of two years after the transfer of business or the advertisement.”

B. On May 23, 2013, the Plaintiff transferred the restaurant of this case to Natu Food Co., Ltd., and the Plaintiff’s obligation based on the instant prior judgment against the Defendant was extinguished, regardless of the existence of the instant prior judgment, pursuant to Article 45 of the Commercial Act, after the lapse of two years from May 23, 2013, which was the date of the said prior judgment.

3. The lawsuit of confirmation is permitted only when it is the most effective and appropriate means to obtain the confirmation judgment in order to eliminate the Plaintiff’s right or legal status in danger and in danger of uncertainty and danger.

In the event of the existence of a judgment that becomes an executive title as in the instant case, the Plaintiff’s seek for the exclusion of executive force based on the judgment through a lawsuit of demurrer against claim is directly resolving the dispute in an effective and timely manner.