1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 30, 2009, the Plaintiff filed an application for bankruptcy and immunity with the Jung-gu District Court No. 2009Hadan6660, 2009, and 6654, and was granted a decision of adjudication of bankruptcy on December 8, 2009 and a decision of immunity on August 9, 2010.

However, at the time, the Plaintiff was liable for the loan to the Defendant, but the Plaintiff’s loan obligations against the Defendant were omitted in the list of creditors in each bankruptcy and exemption procedure.

B. After May 15, 2012, the Defendant applied for a payment order against the Plaintiff as Seoul Southern District Court 201j18058, and received a payment order order from the above court to the effect that the Defendant accepted the above application.

C. However, the original copy of the above payment order was not served on the Defendant, and the above case was brought to the Seoul Southern District Court 2012Gaso5829 on May 10, 2012.

On June 22, 2012, the above court rendered a favorable judgment to the defendant, and the above judgment became final and conclusive on July 11, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion is not a malicious omission in the creditor’s list in the process of obtaining the decision of bankruptcy and exemption from liability. Therefore, the said debt was exempted from immunity.

Therefore, the compulsory execution based on the above final judgment is unfair, and it is necessary to confirm the exemption of the above loan obligation.

B. In order to be lawful in a lawsuit for confirmation 1, there should be interests in confirmation as a requirement for the protection of rights. The benefits of confirmation are recognized only when it is the most effective means to obtain a judgment from the defendant in order to eliminate the risks of the plaintiff’s rights or legal status, and there is in danger in the plaintiff’s rights

In addition, despite the confirmation of immunity for the debtor in bankruptcy, what claim is non-exempt claims.