1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The defendant filed a lawsuit against the plaintiff as 2005da14713 in this court, and on May 17, 2006, the court rendered a judgment that "the plaintiff shall pay to the defendant 20,780,019 won and 20% interest per annum from April 26, 2006 to the date of full payment." It was finalized on June 6, 2006.

B. On May 11, 2016, the Defendant filed a lawsuit for the extension of the statute of limitations against the Plaintiff by this Court No. 2016da1164, and was sentenced to a judgment in favor of the Defendant without pleading, and became final and conclusive.

C. The Plaintiff was granted immunity on February 15, 2008 at the Seoul Central District Court 2007Hadan29807, 2007Hadan2982, and the decision of immunity was finalized on March 4, 2008. The list of creditors prepared in the above case did not indicate the Plaintiff’s obligation of indemnity against the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. We examine ex officio the lawfulness of the instant lawsuit.

The benefit of confirmation, which is a legitimate requirement for confirmation, is not recognized solely by the fact that there is a dispute over legal relations between the plaintiff and the defendant. It is recognized that the judgment of confirmation is the most effective and appropriate means in removing the plaintiff's legal status when the plaintiff's legal status is unstable and dangerous.

On the other hand, even if the decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) becomes final and conclusive, the effect of enforcement title does not naturally lose, and the executory power of enforcement title should be excluded, a lawsuit of demurrer should be brought to the claimant.

(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). In light of the above facts of recognition, the purpose pursued by the Plaintiff through the instant lawsuit appears to be to block compulsory execution based on the Defendant’s final judgment against the Plaintiff. Thus, the Plaintiff’s objection is raised in order to achieve this purpose.