1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant applied for a payment order against the Plaintiff and C (Seoul Eastern District Court Decision 2014Da15857), and received the payment order on April 7, 2014 from the above court (hereinafter “instant payment order”). The original of the payment order was served on the Plaintiff on April 10, 2014, and became final and conclusive on April 25, 2014.

B. On July 27, 2019, the Plaintiff filed an application for bankruptcy and exemption with the Suwon District Court (hereinafter referred to as the “Seoul District Court”) (hereinafter referred to as the “Seoul District Court”), and the decision became final and conclusive on July 27, 2019 upon the discontinuation of bankruptcy and exemption from immunity.

C. At the time of the above decision, the Plaintiff omitted the claim based on the instant payment order in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Judgment ex officio as to the legitimacy of the lawsuit

A. Notwithstanding the determination of grant of immunity to a bankrupt debtor, where a claim is disputed as to which claim constitutes non-exempt claim, the debtor may, by filing a lawsuit seeking confirmation of grant of immunity, eliminate the present apprehension and danger in the rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of executive force based on the effect of the discharge becomes an effective and appropriate means to remove the existing apprehension and danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(Supreme Court Decision 2017Da17771 Decided October 12, 2017). B.

Judgment

The fact that the Defendant issued and confirmed the instant payment order against the Plaintiff is as seen earlier. Accordingly, according to the foregoing legal doctrine, insofar as the Plaintiff did not go through other remedy procedures excluding the executory power of the original payment order, such as filing a lawsuit of objection, the instant exemption confirmation judgment is rendered.