1. The instant lawsuit shall be dismissed.

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

Basic Facts

On November 13, 2015, the Defendant filed a lawsuit against the Plaintiff in Seoul Western District Court Decision 2015 Ghana31305, and received a judgment from the same court on November 13, 2015 that “the Defendant shall pay to the Plaintiff 10,000,000 won and interest calculated at the rate of 5% per annum from May 7, 2005 to June 10, 2015, and 15% per annum from the next day to the date of complete payment” (hereinafter “instant judgment”). The said judgment became final and conclusive around that time.

On April 30, 2009, the Plaintiff received a decision to grant immunity (hereinafter “instant decision to grant immunity”) from Seoul Central District Court Decision 2008Da32674 (Declaration of Bankruptcy 2008Hadan32674). Around that time, the said decision became final and conclusive. At the time of the above decision to grant immunity, the Plaintiff’s claim against the Defendant was not stated in the list of creditors at the time of the above decision to grant immunity.

[Reasons for Recognition] Facts without dispute, Gap 3, 4, Eul 1, 3, 1 to 3 evidence, the plaintiff's assertion of the purport of the entire pleadings, and the plaintiff's assertion of the judgment as to the purport of the whole argument, and the plaintiff's claim was not recorded in the list of creditors at the time of the decision of permission of exemption of the case. Thus, the judgment claim of this case was exempted.

Before determining the Plaintiff’s assertion on the legitimacy of the instant lawsuit, we first examine whether the instant lawsuit is lawful or not.

A lawsuit for confirmation is recognized in the case where it is the most effective and appropriate means to determine it as a confirmation judgment in order to eliminate such apprehensions when the legal status of the plaintiff is unstable.

However, as seen earlier, the Defendant has already obtained the instant judgment against the Plaintiff, and thus, the Plaintiff may directly remove the risk of apprehension by filing a lawsuit against the Defendant seeking the exclusion of executory power against the said final judgment.

Therefore, the Plaintiff’s debt against the Defendant based on the instant judgment.