1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. After having taken over the credit card payment claim against the Plaintiff, a bankrupt debtor, Busan 2 Savings Bank, a Busan 2,00, through a limited liability company specializing in the 3rd Asset-Backed Co., Ltd., the payment order became final and conclusive that “the Plaintiff shall pay to the Defendant 12,248,632 won and 3,203,805 won a year from October 23, 2013 to the day of full payment.”

The above payment order was served on the Plaintiff on December 16, 2013, and became final and conclusive on December 31, 2013.

B. On February 1, 2016, the Plaintiff filed an application for bankruptcy and immunity with the Suwon District Court Decision 2015Hadan1028, 2015Ma1028, and was granted immunity on February 1, 2016. The said immunity became final and conclusive on February 16, 2016.

The plaintiff did not enter the defendant's claim in the list of creditors at the time of bankruptcy or exemption.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that the effect of immunity extends to the defendant's claim, since the plaintiff did not enter the defendant's claim in the creditor list in bad faith.

Before determining the plaintiff's claim, we examine the legality of the lawsuit ex officio.

Even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive and is exempted from the obligor’s obligation, this does not automatically lose the effect of enforcement title with respect to the exempted obligation, but is merely an substantial reason to exclude enforcement power of enforcement title through a lawsuit claiming objection.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, even if the confirmation of exemption sought by the Plaintiff is accepted, the enforcement force of the finalized payment order itself is excluded, and the Plaintiff’s apprehension and risk of being forced to enforce enforcement from the Defendant.