1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 23, 2011, the Defendant entered into a supply contract, such as steel products, with Company B (hereinafter “B”), and the Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay for the goods.

B. The Defendant filed an application against B and the Plaintiff for a payment order claiming for the payment of KRW 44,560,776, which was the price for the goods not paid under the Suwon District Court Decision 201j4967, and damages for delay thereof. The payment order was issued on October 5, 201 and became final and conclusive around that time.

(hereinafter referred to as the “instant payment order,” and the Plaintiff’s debt to the Defendant on the instant payment order (hereinafter referred to as the “instant debt”).

The Plaintiff filed an application for bankruptcy and immunity with Seoul Central District Court No. 2013Hadan13166, 2013Ma13166, July 19, 2014, which became final and conclusive on July 19, 2014. At the time, the instant obligation was omitted in the list of creditors.

On August 24, 2016, the Defendant received a seizure and collection order as to each of the deposit claims against the Plaintiff’s bank and the Korean National Bank Co., Ltd. as Seoul Eastern District Court 2016TTT No. 9914, with the title of execution of the instant payment order as the title of execution.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

2. Determination as to the plaintiff's assertion and the legitimacy of the lawsuit

A. The Plaintiff asserted that the Plaintiff did not have omitted the instant debt in the creditor list in bad faith during the process of obtaining immunity from immunity, and thus, the Plaintiff was exempted from the Plaintiff’s liability, and thus, sought exemption from the instant debt.

B. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right, and the benefit of confirmation is the defendant to eliminate such apprehensions and risks in the plaintiff's rights or legal status.