1. The part concerning the claim for confirmation of the existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant's Busan District Court against the plaintiff.

1. Basic facts

A. On October 6, 2010, the Defendant filed a lawsuit against the Plaintiff for the claim, such as the amount acquired by deception as Busan District Court Decision 2010Da94339, and was sentenced to a judgment on October 6, 201, stating that “the Plaintiff shall pay to the Defendant 2,60,000 won and the amount calculated at the rate of 66% per annum from January 7, 2001 to June 29, 2007, and 30% per annum from the next day to the date of complete payment” (hereinafter “instant judgment”). The judgment became final and conclusive on November 30, 2010.

B. On February 14, 2013, the Plaintiff received a decision to grant immunity on November 29, 2013 by filing a bankruptcy and application for immunity with the Busan District Court Decision 2013Hau407 and 2013Ma407. The decision to grant immunity became final and conclusive on December 14, 2013.

[Ground of recognition] Evidence No. 1-1, 2, 3, Gap No. 10-1, 2, and the purport of the whole pleadings

2. The lawsuit seeking confirmation of the part of the claim for confirmation of the existence of an obligation is permissible when it is the most effective and appropriate means to resolve the dispute, where the Plaintiff’s right or legal status is in danger and the recognition of the judgment is rendered (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 200). However, since the ultimate purpose of the claim for confirmation of the existence of an obligation among the lawsuit in this case is to exclude compulsory execution against the Plaintiff’s property with its executive title, the ultimate objective of the claim for confirmation of the existence of an obligation in this case is to the exclusion of compulsory execution against the Defendant’s property with its executive title, it is sufficient for the Plaintiff to file a lawsuit against the Defendant to raise an objection,

3. Part of the objection raised

A. According to the above facts of recognition as to the cause of claim, a claim based on the judgment of this case is a bankruptcy claim arising prior to the declaration of bankruptcy, and the effect of immunity on the plaintiff shall also extend to the above claim unless there are special circumstances.

B. The defendant's judgment on the defendant's assertion shall be declared bankrupt and immunity.