1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 25, 2015, the Plaintiff filed an application for bankruptcy and immunity (hereinafter “instant bankruptcy and exemption application”) with the Daegu District Court No. 2014Hau4710, 2014 and 4710 (hereinafter “instant bankruptcy and exemption application”); and the said decision became final and conclusive on October 13, 2015.

However, the Plaintiff filed for bankruptcy and exemption from liability, and omitted the obligation to state the purport of the claim against the Defendant in the creditor list (hereinafter “instant obligation”).

B. On May 18, 2016, the Defendant filed a lawsuit against the Plaintiff seeking the performance of the instant obligation with the Suwon District Court 2016Gau31092 (Seoul District Court 2016).

In the above lawsuit, the Plaintiff asserted that “the instant obligation was not included in the list of creditors because he was unaware of the existence of the instant obligation at the time of the instant bankruptcy and application for immunity.” Therefore, the Plaintiff asserted that the instant obligation was exempted from liability.”

However, the above court rejected the Plaintiff’s assertion and rendered a favorable judgment on August 11, 2016 (hereinafter “instant judgment”).

The instant judgment was served on the Plaintiff on August 17, 2016 and became final and conclusive on September 1, 2016.

C. On August 26, 2016, the Plaintiff filed the instant lawsuit with this court to the effect that “as described in the foregoing paragraph B, the Plaintiff wishes to verify that the instant obligation was exempted from liability.”

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1- 4, and the ground for appeal

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. A. A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the Defendant to eliminate such apprehension and risk (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013).

The Plaintiff filed the instant lawsuit through the instant lawsuit.