1. The instant lawsuit shall be dismissed.

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

On October 22, 2013, the party's assertion and judgment were asserted by the Plaintiff, and the decision became final and conclusive as is, upon filing an application for bankruptcy and immunity (hereinafter "application for bankruptcy and exemption of this case") with the Seoul Central District Court Decision 2013Hadan10464 (hereinafter "application for bankruptcy and exemption of this case").

In addition, since the Plaintiff entered the principal obligation of this case in the list of creditors, the obligation of indemnity of this case, which occurred after paying the principal obligation of this case, shall also be exempted, or the Plaintiff was unable to enter in the list of creditors because it was unaware of the existence of the obligation of indemnity of this case, and thus, the obligation of indemnity

After the Defendant’s assertion was filed for bankruptcy and exemption, the principal debt of this case was repaid at the request of the new Jong-dong Saemaul Cooperative, and the Defendant applied for payment order against the Plaintiff as the case of reimbursement of the amount of the indemnity of this case. On December 24, 2013, the above payment order became final and conclusive on January 23, 2014 because the Plaintiff did not raise any objection even after receiving the copy of the application for payment order.

Therefore, the Plaintiff did not enter the existence of the claim for reimbursement in the list of creditors who known the existence of the claim for reimbursement of this case, and thus, the claim for reimbursement of this case constitutes non-exclusive obligation.

A lawsuit seeking confirmation prior to the merits (ex officio determination) must have the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment from the defendant against the defendant to eliminate anxiety, danger, and risk (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). According to each of the evidence Nos. 1 through 3, the Seoul Southern Southern District Court on December 24, 2013.