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 on June 16, 2008 (Tgu District Court 2008 tea6879). The above court issued a payment order on June 17, 2008, and the above payment order was finalized on July 11, 2008.

B. On March 21, 2017, the Plaintiff filed an application for bankruptcy and immunity with the Daegu District Court Decision 2016Hadan2862, 2016Ma2862, and was granted immunity. The said immunity became final and conclusive on April 5, 2017.

C. At the time of the above bankruptcy and immunity, the Plaintiff entered the new bank in the creditor list, but omitted the Defendant’s claim based on the above payment order.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1, and the purport of the whole pleadings

2. The plaintiff asserts that the defendant was mistakenly stated in the creditor list as a new bank by negligence in the bankruptcy and exemption procedure, and sought confirmation that the plaintiff's obligation against the defendant was exempted. We examine ex officio as to the legitimacy of the lawsuit of this case.

If a lawsuit for confirmation is lawful, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant to eliminate the danger in the Plaintiff’s rights or legal status.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the danger of present in his/her right or legal status.

However, in relation to the creditor who holds the executive title of the exempted obligation, the debtor filed a lawsuit of demurrer against the claim, and sought the exclusion of enforcement force based on the effect of the discharge, is in danger of present in the legal status.