1. The instant lawsuit shall be dismissed.

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

1. The filing of the instant lawsuit filed a loan lawsuit against the Plaintiff, claiming “56,540,678 won” as Seoul Central District Court Decision 2015Da5328173 and damages for delay from February 15, 2013, where the Defendant had accepted credit transaction agreements concluded between Seoul Mutual Savings Bank and the Plaintiff.

Accordingly, the Plaintiff filed a lawsuit in this case with the Seoul Central District Court No. 2012, 8350, 2012Hadan8350, who filed for bankruptcy and immunity, and the immunity was granted on March 18, 2013. The Plaintiff filed the lawsuit in this case by asserting that the aforementioned loan obligations also affect the above immunity decision.

2. In a lawsuit for confirmation of ex officio as to the lawfulness of the instant lawsuit, there is 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 the lawsuit, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension and risk when there is apprehension or risk of the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In addition, in cases where a creditor has pending a lawsuit seeking a dismissal of claim against a debtor in the said lawsuit, the debtor may contest that the creditor does not have a claim against the debtor by seeking a ruling of dismissal of claim in the said lawsuit. Accordingly, there is no benefit to seek confirmation against

(2) In light of the above legal principles, it is sufficient for the Plaintiff to assert that the above loan claims were exempted as a defense ground in the above loan lawsuit, which is pending, in light of the above legal principles. Moreover, the Plaintiff’s seek confirmation of exemption from the above loan obligations against the Defendant is the most effective and appropriate means to remove the Plaintiff’s right or legal status’s apprehension and risk.