1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On January 29, 2015, the Defendant filed a lawsuit against the Plaintiff for medical expenses pursuant to Incheon District Court Decision 2014Gada118362, and rendered a judgment on January 29, 2015, stating that “the Plaintiff shall jointly and severally with Nonparty B, pay to the Defendant 1,266,40 won, and the amount of 5% per annum from August 10, 2012 to December 4, 2014, and 20% per annum from the following day to the date of full payment.”

B. Meanwhile, the Plaintiff was granted immunity on July 4, 2016 by filing bankruptcy and application for immunity with the Incheon District Court Decision 2016Hadan1138, 2016Ra1135, and the said immunity became final and conclusive on July 21, 2016.

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, Gap evidence 1-3, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of bankruptcy and application for immunity, the Plaintiff’s assertion did not appear to have been stated in the list of creditors because it did not think of the obligation to the Defendant.

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.

In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the risks existing in the plaintiff's rights or legal status.

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, in relation to the creditors who hold executive titles for the exempted obligation, the obligor shall file a lawsuit of demurrer against the claim.