1. The instant lawsuit shall be dismissed.

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

If the plaintiff asserts that the obligation described in the claim against the defendant was exempted by the final decision of immunity on himself/herself, he/she shall seek confirmation.

ex officio, we examine the legitimacy of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the risk of inemersion in the plaintiff's rights or legal status.

However, according to the reasoning of the judgment submitted by the Plaintiff, the Defendant filed a lawsuit against the Plaintiff for the payment of the price of goods with the Incheon District Court Branch Branch of 2016Gaso15002, and rendered a judgment on November 3, 2016 that “the Plaintiff refers to the Plaintiff.” The Plaintiff means the Defendant of the instant case. The Plaintiff paid KRW 2,098,025 and delay damages therefor.” This judgment can be recognized as having become final and conclusive on November 19, 2016. Accordingly, the instant lawsuit aims to exclude compulsory execution with the judgment of 2016Gaso15002, which is the enforcement title. Even if the Plaintiff is confirmed to have the effect of immunity by judgment, it alone cannot avoid the enforcement force of the said judgment.

Therefore, it cannot be said that the Plaintiff’s seeking the confirmation of discharge as a lawsuit in this case is an effective and appropriate means to eliminate the Plaintiff’s legal instability, separate from seeking the exclusion of the executory power of the above executive titles through a lawsuit of demurrer.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.