1. The instant lawsuit shall be dismissed.

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

1. The following facts may be acknowledged in full view of the entries in Gap evidence 1-1, 2, and 2-1 and the purport of the whole pleadings.

The defendant filed an application with the plaintiff for a payment order against the plaintiff to seek payment of KRW 10,000,000 as the indemnity amount, as the plaintiff paid the loan amount of KRW 10,000,00 on October 15, 199 to the National Agricultural Cooperative Federation relay Branch.

B. On December 27, 2010, the above court issued a payment order stating, “the Plaintiff shall pay to the Defendant 10,000,000 won and the damages for delay at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment (2010 tea3802).” On January 24, 2011, the original copy of the said payment order was served on the Plaintiff and confirmed on February 8, 2011.

(C) The Plaintiff’s above obligation against the Defendant (hereinafter “instant indemnity obligation”).

On January 31, 2008, the Plaintiff was granted immunity (3579, 2007Hadan3543) from the Incheon District Court on January 31, 2008. At that time, the Plaintiff omitted the entry of the obligation for reimbursement of this case in the list of creditors.

2. The gist of the Plaintiff’s assertion is that the Plaintiff did not omit the entry of the claim for reimbursement in the above list of creditors, and thus, the effect of exemption extends to the claim for reimbursement of this case.

Accordingly, the Plaintiff seeks a confirmation of exemption from the indemnity obligation of this case.

3. Determination

A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when the plaintiff's right or legal status is in danger of infeasible danger, and the removal of anxiety risk against the defendant is the most effective means to obtain a confirmation judgment against the defendant.

B. The Defendant’s claim against the Plaintiff is a claim based on the payment order that became final and conclusive, and in the event there is an executive title, the immunity was granted.