1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Plaintiff was granted immunity on May 31, 201 by filing a petition for bankruptcy and immunity with the District Court Decision 2009Da4291, 2009Hadan4291, and the said immunity became final and conclusive on June 15, 2010.

However, in the above bankruptcy and immunity case, the Plaintiff did not enter in the list of creditors the claims stated in the purport of the claim against the Defendant (hereinafter “instant claims”).

B. On May 3, 2012, the Defendant applied for a payment order against the Plaintiff seeking payment of the instant claim under the Court 2012 tea2338, and the payment order was issued on May 3, 2012, and the said payment order became final and conclusive as is.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, Gap’s entry of evidence Nos. 1, 2, 4, 5, and 7, and the purport of the whole pleadings.

2. At the time of the Plaintiff’s bankruptcy and application for immunity, the instant claim was omitted in the list of creditors without being aware of the instant claim at the time of the Plaintiff’s assertion, and did not have been omitted intentionally or in bad faith. Thus, the instant claim was also exempted from immunity

The confirmation is sought.

3. ex officio determination as to the legitimacy of the instant lawsuit on the lawfulness of the instant lawsuit, the benefit of confirmation, which is the legal requirement of the instant lawsuit, is not recognized solely on the fact that there is a dispute over the legal relationship between the Plaintiff and the Defendant, but it is acknowledged where the judgment of confirmation is the most effective and adequate means when the Plaintiff’s legal status is at risk of unstable.

In regard to the instant case, the Defendant already has an executive title under the instant payment order against the Plaintiff, and the purpose pursued by the Plaintiff by the instant lawsuit appears to have been to block compulsory execution, etc. based on the instant payment order, and the confirmation judgment that the instant obligation was exempted does not exclude the enforcement force of the instant payment order. Therefore, the instant lawsuit is most effective in removing the current unstable risk.