1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. In order to extend the prescription period of the judgment of the Incheon District Court 2004Gada142939, the Defendant filed a lawsuit against the Plaintiff as the Incheon District Court 2015Gada14986, and on April 10, 2015, the judgment was rendered that “the Plaintiff shall pay to the Defendant 4,488,720 won and the amount calculated at the rate of 5% per annum from April 16, 2004 to November 6, 2004, and 20% per annum from the next day to the day of full payment.”

B. Meanwhile, the Plaintiff was declared bankrupt on August 25, 201 and granted immunity on November 25, 201, and the decision to grant immunity became final and conclusive upon the Plaintiff’s filing of bankruptcy and immunity application with Suwon District Court 2010, 10690, 201, respectively.

C. The plaintiff was above B.

The list of creditors submitted to the court at the time of bankruptcy and application for immunity as described in paragraph (1) was not stated by the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, at the time of bankruptcy and application for immunity, the Plaintiff did not enter the Plaintiff in the list of creditors because it was unaware of the existence of obligations against the Defendant at the time of application for immunity

However, the effect of the above decision on immunity is limited to the defendant's claim for reimbursement against the plaintiff and thus, it is sought to confirm that the above obligation is exempted.

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

(1) A suit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered when the plaintiff’s right or legal status is the most effective and appropriate means to eliminate imminent danger.

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 danger of present in his/her right or legal status.

However, the obligation has been discharged.