1. The instant lawsuit shall be dismissed.

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

Plaintiff

The main point of the argument is that the defendant filed a lawsuit against the plaintiff for damages with the Chuncheon District Court Young-si District Court 2003 Ghana4237, and on December 6, 2003, the plaintiff paid 5,000,000 won to the defendant until November 30, 2003, and the mediation was concluded to the effect that the damages for delay will be paid at the rate of 20% per annum from the following day.

After that, the Plaintiff was declared bankrupt by the Chuncheon District Court 2008Hadan794, and the decision to grant immunity was confirmed on February 3, 2009 upon receipt of the decision to grant immunity from 2008Ma794.

The Plaintiff omitted the instant claim when preparing a list of creditors in the course of bankruptcy and exemption from liability, but it should be viewed as a negligence and the Plaintiff’s above loan obligation against the Defendant should be deemed as exempted from liability.

However, after the decision to grant immunity, the Defendant applied for a payment order against the Plaintiff to the Chuncheon District Court Decision 2013Da383 in order to extend extinctive prescription of the claim based on the above conciliation and the payment order for the damages claim, such as the written claim, became final and conclusive.

Therefore, the Plaintiff seeks confirmation of the effect of immunity against the Defendant in relation to the Plaintiff’s debt owed to the Defendant according to the above payment order.

We examine the legitimacy of the instant lawsuit ex officio by determination as to the legitimacy of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant to eliminate the risks of the plaintiff's rights or legal status and the apprehensions (see, e.g., Supreme Court Decision 2014Da45140, Jul. 23, 2015). Meanwhile, even if a decision to grant immunity pursuant to the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive and conclusive, the enforcement title of the obligation for which exemption has been granted shall become effective.