1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Defendant filed a lawsuit against the Plaintiff and C with the Seoul Central District Court 201Gabu1784890, and on October 27, 2011, the said court rendered a judgment that “The Plaintiff and C shall jointly and severally pay to the Defendant 5,000,000 won and interest calculated at the rate of 5% per annum from May 26, 2003 to September 21, 201, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on November 22, 2011.

(hereinafter “instant claim”). The Plaintiff filed for bankruptcy and immunity with the Seoul Central District Court Decision 2012Hadan8346, 2012Ma8346, and filed for adjudication of bankruptcy on November 27, 2012; and the decision to grant immunity on November 7, 2013 became final and conclusive on November 23, 2013.

The claim of this case in accordance with the above final judgment was not entered in the list of creditors submitted by the Plaintiff in the bankruptcy and immunity procedures.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

The Plaintiff, in the course of being granted immunity, did not have omitted the instant claim in the creditor list in bad faith, and thus the said claim has the effect of immunity granted by immunity. Therefore, the Plaintiff is seeking confirmation of exemption from immunity for the instant claim.

If a lawsuit for confirmation is lawful, there should be interests in confirmation as a requirement for protection of rights, and the benefits of confirmation should be recognized when a judgment of confirmation is the most effective and appropriate means to remove the plaintiff's rights or legal status in danger and danger.

Notwithstanding the confirmation of the decision to grant immunity to a debtor in bankruptcy, where any claim is disputed as to which non-exempt claim, the debtor may remove the existing apprehension and danger in his/her rights or legal status by filing a lawsuit seeking confirmation of immunity.