1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On May 21, 2015, the Defendant filed a lawsuit claiming loans against the Plaintiff (Seoul Western District Court Decision 2014Gaso6561), and rendered a judgment that “the Defendant shall pay to the Plaintiff 36,905,395 won and 4,515,894 won with 35% interest per annum from October 7, 2014 to the date of complete payment” (hereinafter “instant judgment”), and the judgment of this case became final and conclusive around that time.

B. Meanwhile, the Plaintiff filed for bankruptcy and immunity with the Seoul Central District Court Decision 2009Hadan24145, 2009Da24145, Oct. 12, 2010 (hereinafter “instant decision of immunity”). On October 28, 2010, the instant decision of immunity became final and conclusive on October 28, 2010. At the time of the instant decision of immunity, the Plaintiff did not enter the Defendant’s claim against the Plaintiff in the creditor list.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 6, purport of the whole pleadings]

2. The Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors in bad faith at the time of the decision on immunity of the Plaintiff’s assertion, and thus, the Plaintiff’s claim against the Defendant was exempted.

3. In light of the determination on the legitimacy of the instant lawsuit, the lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to determine the legal status of the Plaintiff as a confirmation judgment to eliminate the risks of apprehensions when the legal status of the Plaintiff is at risk. As seen earlier, the Defendant already obtained a final and conclusive judgment in favor of the Plaintiff, and as such, the Plaintiff may directly remove the risk by filing a lawsuit of objection against the Defendant seeking the exclusion of executory power against the said final and conclusive judgment.

Therefore, seeking confirmation that the Plaintiff was exempted from the obligation against the Defendant cannot be considered as the most effective and appropriate means in removing the current risk in danger.