1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

The plaintiff asserts that the payment order was finalized on December 10, 2014 upon receipt of the payment order (No. 2014Guj828, Jun. 12, 2012, 2012) with respect to the plaintiff's 170 million won and its delay damages and its demand procedure expenses that the defendant lent to the plaintiff in 2005, but the above payment order became final and conclusive upon receipt of the payment order on November 10, 2014, but the plaintiff had already been granted decision of immunity on November 12, 2012 (No. 1715, Jun. 2, 2012), and that the plaintiff's failure to enter the above obligation in the list of creditors in the bankruptcy and discharge procedure is not intentional by the plaintiff, and thus, it is still effective to grant the above debt exemption

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 and appropriate means to obtain a judgment against the defendant when there is an infeasible danger in the plaintiff's rights or legal status and removing the apprehensions.

However, the plaintiff's obligation to obtain the confirmation of discharge is based on the payment order finalized as the executive title, and if there is such executive title, the reason why the executive title has become void as a matter of course on the ground that there is a immunity decision, does not constitute a reason that the executive title has become void. However, it is only an substantive reason that excludes executive power

(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 it can be forced from the Defendant does not still remove the Plaintiff’s apprehension. Thus, even if the Plaintiff raises an objection against the Defendant to seek the exclusion of the enforcement force of the above payment order, seeking the confirmation of immunity by the instant lawsuit is present in the Plaintiff’s legal status.