1. The instant lawsuit shall be dismissed.

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

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, and 4-1 to 3, and there is no counter-proof.

On March 25, 2009, the Plaintiff was sentenced to the Seoul Central District Court Decision 2008Gaso2572526, that the Plaintiff shall pay to the non-party bank the amount of KRW 22,823,490 and KRW 10,216,168 per annum from March 18, 2009 to the date of full payment (hereinafter “the judgment of this case”). The judgment of this case became final and conclusive around that time.

B. On June 15, 2011, the Defendant acquired the claim from the non-party bank under the instant judgment, and notified the Plaintiff of the assignment of the claim.

C. On January 29, 2015, the Plaintiff was granted immunity (hereinafter “instant immunity”) in Chuncheon District Court 2014Da243, and the instant immunity became final and conclusive on February 13, 2015.

The Plaintiff did not enter claims based on the Defendant’s judgment in the list of creditors at the time of the decision to grant the immunity of the instant case.

2. Determination

A. The plaintiff's assertion that the defendant's claim under the judgment of this case does not constitute a claim that is not entered in the creditor's list in bad faith, and thus, the plaintiff sought confirmation that the defendant's claim under the judgment of this case was exempted from the immunity decision of this case under Article 566 of the Debtor Rehabilitation

B. In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is one of the most effective means to eliminate the anxiety risk when there is dispute between the parties as to the legal relationship subject to confirmation and the Plaintiff’s right or legal status is threatened thereby.