1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 17, 2015, the Defendant filed a claim for reimbursement against the Plaintiff by Incheon District Court 2015Da473943, and was sentenced to a favorable judgment on January 13, 2016, stating that “The Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Plaintiff of this case) 15,889,660 won per annum from May 7, 2005 to October 24, 2005, and 20% per annum from the next day to the date of full payment,” and the above judgment was finalized on February 5, 2016.

(hereinafter “instant judgment claim”). B.

On March 15, 2013, the Plaintiff filed an application for immunity with the Incheon District Court No. 2013, 1499, and the immunity was finalized on December 19, 2013 and confirmed on January 3, 2014. The list of creditors submitted by the Plaintiff in the instant application for immunity was omitted in the list of creditors.

C. On June 2017, the Defendant urged the Plaintiff to repay the instant judgment amount to the Plaintiff, and accordingly, received the claim seizure and collection order under Incheon District Court 2017TTTT 50920 against the Plaintiff’s national bank. The Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 4, facts with merit in this court, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

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 Supreme Court Decision 2017Da17771, Oct. 12, 2017). In addition, the instant lawsuit was filed for the purpose of preventing compulsory execution procedures based on the instant judgment claim on the ground that the Plaintiff’s benefit account was seized, and thus, the instant claim was exempted.