1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiff as Busan District Court's Dong Branch 2006Gaso22766, and the above lawsuit became final and conclusive, which stated that "the plaintiff shall pay 561,00 won jointly and severally with B, and 55% per annum from June 9, 2005 to August 1, 2006, and 20% per annum from the next day to the date of full payment."

B. On October 4, 2012, the Plaintiff filed a petition for bankruptcy and immunity, and on January 31, 2013, the Plaintiff was declared bankrupt and immunity from the Busan District Court (Seoul District Court Decision 2012Haak301, 2011, 2012Hasan District Court Decision 2012Haak301, 301). Each of the above decisions became final and conclusive.

C. In applying for bankruptcy and immunity as above, the Plaintiff omitted the Defendant as the obligee.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. The plaintiff's assertion that the plaintiff did not neglect the defendant's claim on the creditor list, so the effect of immunity extends to the above claim. The defendant asserts that the plaintiff omitted his claim against the plaintiff in bad faith.

3. In a lawsuit for confirmation of ex officio as to the legitimacy of the instant lawsuit, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the Defendant, in order to eliminate the risks of the Plaintiff’s rights or legal status at present and the risk of apprehension.

The claims stated in the purport of the claim are claims based on a final and conclusive judgment, which is an executive title, and the fact that immunity has been granted in cases where there is enforcement title does not automatically lose enforcement power, but is merely a substantive ground for the above immunity to file an objection suit.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Accordingly, even if the Plaintiff is confirmed to have the effect of immunity by judgment, it shall be deemed that the Plaintiff is confirmed to have the effect of immunity.