1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan under the Changwon District Court Heading 2007 Ghana 10637.

On October 16, 2007, the above court rendered a ruling that "the plaintiff shall pay to the defendant 5,863,909 won and 5,000,000 won among them at the rate of 25% per annum from April 10, 1998 to July 3, 2007, and 20% per annum from the next day to the date of full payment" (hereinafter "the judgment of this case").

The above judgment was finalized on December 7, 2007.

B. The Plaintiff filed bankruptcy and application for immunity with Jeju District Court No. 2014Hadan284, 2014Ka283.

After being declared bankrupt on July 10, 2015, the Plaintiff was granted decision to grant immunity on December 14 of the same year (hereinafter “instant decision to grant immunity”).

The decision to grant immunity became final and conclusive on December 29, 2015.

C. The list of creditors submitted by the Plaintiff to the above court at the time of the decision on immunity of this case did not indicate the Plaintiff’s loan obligations against the Defendant (hereinafter “instant obligation”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings

2. At the time of the Plaintiff’s claim to grant immunity, the Plaintiff did not know the existence of the instant obligation against the Defendant due to the limitation of memory, and did not enter in the list of creditors.

However, the effect of the above immunity is to seek confirmation that the above immunity is exempted because it is comprehensively limited to the defendant's loan claims against the plaintiff.

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

(a) Litigations for confirmation are permitted only when there is any danger or lack existing in rights or legal status, and obtaining judgment of confirmation is the most effective and appropriate means to eliminate such danger or absence;

B. As the Plaintiff asserted, the obligor is entitled to the instant obligation under the proviso of Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act.