1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 26, 2009, the Defendant filed a lawsuit against the Plaintiff for the payment of the indemnity amount and the damages for delay thereof (hereinafter “instant indemnity claim”) with the Seoul Central District Court Decision 2009Da317591, and the said judgment became final and conclusive on April 8, 2010 upon receiving a favorable judgment on March 11, 2010 in the said judgment proceeding by public notice.

B. On August 23, 2016, the Plaintiff was granted immunity by Suwon District Court No. 2015Da5791, and the said decision became final and conclusive on September 7, 2016. At the time, the Plaintiff did not enter the claim for reimbursement in accordance with the said final and conclusive judgment in the list of creditors.

C. The Plaintiff filed the instant lawsuit to exclude the executory power of the said final judgment.

[Ground of recognition] Facts without dispute, Gap 1-4, the purport of the whole pleadings

2. Whether the instant lawsuit is lawful: (a) as a requirement for protection of rights, a lawsuit for confirmation of ex officio requires the benefit of confirmation; (b) the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger of uncertainty (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014); and (c) the existence of the benefit of confirmation in a lawsuit for confirmation ought to be determined ex officio regardless of the party’s assertion, given that

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the validity of the enforcement title as to the exempted obligation, and thereby, did not err by misapprehending the legal principles as to the executory power of the enforcement title. The court below erred by misapprehending the legal principles as to the executory power of the executory power of the executory power of the executory power of the executory power of the executory power of the obligor.

(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). Based on the foregoing legal doctrine, the Plaintiff filed the instant claim for reimbursement.