1. The instant lawsuit shall be dismissed.

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

1. Whether the instant lawsuit is lawful, the Plaintiff, after the Defendant’s payment order written in the Defendant’s purport of the claim against the Plaintiff (hereinafter “instant payment order”), received immunity from the Plaintiff by the Incheon District Court 2013, 1107, and accordingly, sought confirmation of exemption from immunity.

With respect to the legitimacy of the suit in this case ex officio, in the event that a claim is disputed as to which claim is non-exemptable claims despite the confirmation of immunity, the obligor may remove the present unstable risk in the rights or legal status by filing a lawsuit seeking confirmation of immunity.

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 enforcement force based on the effect of the discharge becomes an effective and appropriate means to eliminate the present danger in the legal status

Therefore, even in such a case, seeking the confirmation of exemption is not a final resolution of a dispute, and it is deemed unlawful as there is no benefit of confirmation (see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). Therefore, seeking the elimination of the executory power based on the validity of exemption by filing a lawsuit seeking objection against the above payment order is an effective and appropriate means to eliminate risks existing in the legal status, and the lawsuit seeking the confirmation of exemption is unlawful as there is no benefit of confirmation.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.