1. The part concerning the claim for confirmation of discharge among the instant lawsuit is dismissed.

2. The Daegu District Court between the Plaintiff and the Defendant.

1. Facts of recognition;

A. On May 30, 201, the Defendant filed an application with the Plaintiff for a payment order claiming the return of KRW 30 million which was unpaid out of the loans of KRW 50 million on May 30, 201, and received the payment order stating that “The Defendant shall pay the Plaintiff the amount of KRW 30 million and the delayed payment payment from the date following the delivery of the payment order for the loan amounting to KRW 30 million” (hereinafter “instant payment order”) under the Daegu District Court Decision 2016 tea5053 on October 18, 2016.

B. Before the instant payment order, the Plaintiff was granted immunity on April 30, 2014 by filing a petition for bankruptcy and immunity with the competent court at the lower order 2013Hadan4712, 2013 4712.

C. The Defendant’s claim on the instant payment order was not stated in the creditors list prepared in the above bankruptcy and exemption case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. Determination:

A. The Defendant’s claim against the Plaintiff in the part of the claim for confirmation of discharge is based on the payment order finalized, the executive title, and the fact that immunity was granted in the event there is enforcement title does not constitute a ground to lose enforcement title as a matter of course. However, it is merely an substantive reason to exclude enforcement power of executive title through a lawsuit of objection.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, even if the Plaintiff is confirmed to have the effect of immunity by judgment, the Plaintiff’s apprehension that compulsory execution may be carried out by itself is not still eliminated. As such, it cannot be deemed as an effective and appropriate means to eliminate legal apprehensions, and thus, there is no interest in the Plaintiff’s lawsuit.

B. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the obligor who has been exempted from liability shall be all obligations to the bankruptcy creditors, except the distribution under the bankruptcy procedure.