1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 14, 2012, the Plaintiff and the Defendant: (a) set the principal of the obligation at KRW 14,236,974, interest rate of KRW 30 per annum; and (b) the maturity on May 31, 2012; and (c) written a notarial deed containing the content that a notary public would recognize compulsory execution when the Plaintiff fails to perform the said obligation (a notary public No. 61, 2012, hereinafter “instant notarial deed”).

B. On January 18, 2013, the Defendant received a collection order and seizure of the Plaintiff’s claim against the National Bank, etc., as the title of execution of the Notarial Deed as the title of execution.

(No. 2013Tr. 41)

C. The Plaintiff was declared bankrupt on December 20, 2013 (Seoul District Court Decision 2013Hadan736), and the decision to grant immunity on April 10, 2014 became final and conclusive at the time of the decision to grant immunity (No. 2013Ma736). The Plaintiff did not enter the Defendant’s claim in the list of creditors at the time of filing an application for bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 7, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means for the defendant to receive a judgment of confirmation against the plaintiff when the plaintiff's right or legal status is in present unstable and dangerous, and the removal of such apprehension and danger.

Notwithstanding the confirmation of decision to grant immunity to a debtor in bankruptcy, where any claim is disputed whether a non-exempt claim, etc., the debtor may, by filing a lawsuit seeking confirmation of immunity, eliminate the existing apprehension and danger in his/her rights or legal status.

However, in relation to the creditor who holds the executive title of the exempted obligation, the debtor is in the legal position to file a lawsuit of demurrer against the claim and seek the exclusion of the executory power based on the effect of the discharge.