1. The instant lawsuit shall be dismissed.

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

1. On August 26, 2016, the Plaintiff indicated the cause of the claim was granted a decision to grant immunity on the case of immunity No. 1978, Gwangju District Court 2015.

At the time of the case of its bankruptcy and application for immunity, the plaintiff omitted the obligation to state the purport of the claim against the defendant, and recently, became aware of the claim against the defendant.

Ultimately, the omission of debt at the time is not based on the plaintiff's bad faith, so the exemption confirmation is sought.

2. An ex officio decision in a judgment without hearing on the legitimacy of a lawsuit can determine ex officio matters such as litigation requirements. In order to have the benefit of confirmation in a lawsuit for confirmation, there should be danger proposals existing in the rights or legal status of the complainant in accordance with legal relations. In order to eliminate risk proposals, it is necessary to immediately determine by a judgment with confirmation subject to the legal relations and it should be the most effective and appropriate means.

Meanwhile, even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the obligor’s obligation is exempted, this does not necessarily mean that the enforcement title with respect to the exempted obligation naturally loses its effect. However, a claim objection suit is merely an substantive reason to exclude enforcement power of enforcement title.

(see, e.g., Supreme Court Order 2013Ma2429, Feb. 13, 2014; Supreme Court Order 2013Ma1438, Sept. 16, 2013). The instant lawsuit was brought for the purpose of preventing the compulsory execution procedure by obtaining confirmation that the Plaintiff was granted the aforementioned immunity decision. The instant lawsuit was brought for the purpose of preventing the compulsory execution procedure. The most effective and appropriate means to prevent the compulsory execution procedure is not confirmation of immunity, but the lawsuit of demurrer to the claim.

However, as long as the plaintiff did not go through any other remedy procedure, such as filing of an executory objection, it is subject to the judgment of exemption of this case.