1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 12, 2010, the Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2010 tea57781, and received the payment order from the said court on August 19, 2010 (hereinafter “instant payment order”), and became final and conclusive around that time.

(hereinafter referred to as “instant claim”) b.

The Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court 2015do5909 and 2015Hadan5906, and received bankruptcy and immunity from the above court on May 12, 2016 (hereinafter “instant immunity”). The instant immunity became final and conclusive on May 27, 2016.

The plaintiff did not enter the claim of this case in the list of creditors at the time of the above bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. We examine ex officio the benefit of confirmation as to the legitimacy of the lawsuit.

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 existing apprehension and danger in his/her rights or legal status.

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 executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). In light of the foregoing legal doctrine, the health care unit and the Defendant received the instant payment order with respect to the instant claim, as seen earlier. Accordingly, the Plaintiff brought an objection suit against the Defendant.