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.

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 in order to eliminate the danger of the plaintiff's rights or legal status and the danger of apprehension.

However, the Plaintiff’s claim against the Defendant for the exclusion of executory power against the instant payment order may directly eliminate the anxiety risk. Therefore, seeking confirmation that the obligation based on the instant payment order was exempted cannot be deemed the most effective and appropriate means in removing the present apprehension or risk.

Therefore, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.