1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. A. Around July 2008, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2008Gapo2243859 against the Plaintiff to seek payment of KRW 18,201,476 of the amount of indemnity and damages for delay of KRW 18,167,876 of the principal amount (hereinafter “the claim for indemnity of this case”). The decision of performance recommendation made on July 17, 2008 by the above court was served on the Plaintiff on the 25th of the same month.

B. On March 7, 2014, the Plaintiff was granted immunity on November 26, 2014 by filing a bankruptcy and application for immunity with the Incheon District Court 2014Hadan1187 (No. 2014, 1185) (No. 2014, 1185). The decision became final and conclusive on December 3, 2014, and the Plaintiff did not enter the instant claim for reimbursement based on the final and conclusive decision on performance recommendation on the list of creditors at the time.

C. On the other hand, for the interruption of extinctive prescription around July 2018, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant claim for reimbursement by Seoul Central District Court 2018Da2270621, and the said court’s performance recommendation decision was served on the Plaintiff on July 27, 2018 and became final and conclusive as it is.

The Plaintiff filed the instant lawsuit in order to exclude the executory power of the final and conclusive decision of performance recommendation as it was collected from the Defendant regarding the instant claim for reimbursement.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 1-1, 2-2, and the purport of the whole pleadings

2. A lawsuit seeking confirmation of ex officio as to the lawfulness of the instant lawsuit requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when receiving a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger and danger (see, e.g., Supreme Court Decisions 2006Da68650, 6867, Feb. 9, 2007; 2014Da2082555, Mar. 15, 2017). A lawsuit seeking confirmation of exemption where a certain claim is disputed, notwithstanding the confirmation of immunity against a debtor in bankruptcy, in cases where the issue is whether it constitutes a non-exempt claim.