1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff asserted that the Plaintiff obtained a loan to the Bank of Korea Co., Ltd., and the above claim was transferred to the Defendant by transfer.

The defendant filed a lawsuit against the plaintiff in Seoul Eastern District Court No. 2014Gaso398528 and received a favorable judgment by public notice.

The plaintiff filed a bankruptcy and application for immunity with the Incheon District Court 2015Hadan2936, 2015 2015 2940. The plaintiff was granted immunity on January 5, 2016. Although the defendant was omitted in the creditor list, it did not state it intentionally or in bad faith, and thus, the effect of immunity extends to the defendant.

Therefore, the defendant's claim against the plaintiff is exempted.

2. Before determining the merits of the judgment, we examine whether the lawsuit in this case has a benefit in confirmation.

In full view of the purport of the entire pleadings in the statement No. 1, the Defendant filed a lawsuit against the Plaintiff, Seoul Eastern District Court 2014Da398528, and the above court rendered a favorable judgment against the Defendant by public notice on March 12, 2015, and the above judgment can be acknowledged as having become final and conclusive around that time.

A lawsuit for confirmation is recognized to be the most effective and appropriate means to determine the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous. Therefore, even though a lawsuit seeking an objection may exclude the executory power of the final and conclusive judgment, filing a lawsuit seeking confirmation of the same obligation as the subject matter of the final and conclusive judgment cannot be deemed the most effective and appropriate means to eliminate anxietys and risks, and thus there is no benefit in confirmation.

3. According to the conclusion, the instant lawsuit is dismissed as it is unlawful as there is no benefit of confirmation.