1. The instant lawsuit shall be dismissed.

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

1. Judgment on the lawfulness of the lawsuit

A. Notwithstanding the determination of grant of immunity to a bankrupt debtor, where a claim is disputed as to which claim constitutes non-exempt claim, the debtor may, by filing a lawsuit seeking confirmation of grant of immunity, eliminate the risks existing in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of enforcement force based on the effect of the discharge becomes an effective and appropriate means to eliminate the present danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(Supreme Court Decision 2017Da17771 Decided October 12, 2017). B.

Judgment

C A limited liability company filed an application for a payment order against the Plaintiff for the payment order of KRW 37,797,868 (i.e., principal amount of KRW 7,490,678 and interest, etc. of KRW 30,307,190) and for the payment order for delay damages from February 8, 2017 as to principal amount, and the payment order was issued as Seoul Western District Court Decision 2017Hu1664 on February 20, 2017. The above payment order became final and conclusive on March 21, 2017; the fact that the Defendant was transferred the above transfer obligation from C limited liability company on January 25, 2019 is not disputed between the parties or recognized based on the evidence Nos. 3 and 4.

According to the above legal principles, inasmuch as the Plaintiff did not go through other relief procedures, such as filing a lawsuit of objection against the above payment order, it cannot exclude the enforcement force of the payment order which became final and conclusive, and the risk of forced execution from the Defendant is still not removed.

Therefore, the instant lawsuit cannot be an effective and appropriate means to eliminate the Plaintiff’s legal uncertainty, and thus, is unlawful as there is no benefit of confirmation.

2. Conclusion, the instant lawsuit is unlawful.