1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”).

(2) On December 5, 2011, the court rendered a ruling against the Plaintiff on December 22, 2012 that “the Plaintiff shall pay to C money calculated at the rate of 39.9% per annum from December 3, 2011 to the date of full payment,” and the above ruling became final and conclusive on July 20, 2012 as it became final and conclusive on July 20, 2012, when the original copy of the payment order was not served on the Plaintiff.”

B. On June 18, 2014, the Defendant received the transfer of the claim pursuant to the above judgment from C and received the succession execution clause around October 2014.

C. On November 21, 2018, the Plaintiff filed an application for immunity with the Seoul Rehabilitation Court No. 2018Da4963 on November 21, 2018, and received a decision to grant immunity on June 17, 2019, and the said decision became final and conclusive on July 2, 2019. The Plaintiff’s list of creditors submitted in the instant case is exempt from the Defendant’s claim to receive the amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence Nos. 1, 2, 3 and 5 (including branch numbers), the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the 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 (see, e.g., Supreme Court Decisions 2006Da68650, 6867, Feb. 9, 2007; 2014Da2082555, Mar. 15, 2017). In cases where a dispute arises as to which claim is non-exempt claims despite the confirmation of immunity against a bankrupt debtor, the obligor is entitled to file a lawsuit for confirmation of immunity and thereby, the obligor is in a legal position.