1. The instant lawsuit shall be dismissed.

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

1. In fact, the Plaintiff filed an application for bankruptcy and discharge with Suwon District Court Decision 201Hadan4928, 201Ma4928, which became final and conclusive on July 26, 2012, and the decision became final and conclusive on August 10, 2012. The Plaintiff’s claim against the Defendant (hereinafter “instant claim”) is omitted in the list of creditors of the said decision to grant immunity.

After that, on May 1, 2014, the Defendant filed a lawsuit against the Plaintiff for the performance of the instant obligation with the Suwon District Court Decision 2013Da37609, which accepted the claim from the above court (the judgment by service by public notice) and became final and conclusive around that time.

(hereinafter the above judgment (hereinafter “the final judgment of this case”). The Defendant started compulsory execution based on the final judgment of this case, and the Plaintiff filed a lawsuit for objection under the Suwon District Court Branch 2015da14044, and the lawsuit is currently pending.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 4, and 5 (including virtual numbers), remarkable facts to this court, the purport of the whole pleadings

2. The defendant's main defense against the defendant can seek the exclusion of executive force by filing a subsequent appeal against the final judgment of this case. Thus, the lawsuit of this case is not only a benefit of confirmation, but also a benefit of confirmation is contrary to the res judicata of the final judgment of this case, and thus, is unlawful.

On the other hand, a lawsuit for confirmation must have a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a confirmation judgment against the defendant in order to eliminate the risks in existing in the plaintiff's rights or legal status.

However, the following circumstances, i.e., ① the Defendant, after the Plaintiff’s immunity was granted, started compulsory execution based on the final and conclusive judgment on the instant debt, and the Plaintiff started the Suwon District Court’s Ansan Branch.