1. The instant lawsuit shall be dismissed.

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

Plaintiff

On September 2, 2014, the Plaintiff asserted that the Defendant had omitted his/her obligations due to negligence when he/she was declared bankrupt and granted immunity pursuant to the Daegu District Court Decision 2013Da4986, 2013Hadan4986, Sept. 2, 2014, and sought confirmation that the obligation was discharged.

We examine the legitimacy of the instant lawsuit ex officio on the determination of the legality of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized as the most effective and appropriate means to eliminate such apprehension or risk when the plaintiff’s right or legal status is unstable or dangerous (see, e.g., Supreme Court Decision 2009Da9329, Feb. 25, 2010). However, in addition to the overall purport of the pleadings No. 2 and No. 1, the whole purport of the pleadings No. 200 and No. 1, the Plaintiff’s former obligee’s order for payment order issued on May 30, 2011 by Busan District Court Decision 201Hu16457, May 30, 2011, it is recognized that the Plaintiff, as the Plaintiff, can exclude the enforcement force of the payment order finalized through the lawsuit for the payment order.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

In conclusion, the instant lawsuit is dismissed as it is unlawful.