1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 9, 1998, the defendant filed a lawsuit against the plaintiff for the loans claim against the Gwangju District Court 98 Ghana27409, and the defendant rendered a favorable judgment and confirmed at that time (hereinafter referred to as "the debt of this case"). Accordingly, the defendant received B-types and collection orders.

B. On November 17, 2008, the Plaintiff was confirmed as of December 2, 2008 upon receipt of a new decision and decision to grant immunity from the Seoul Central District Court No. 25633, 2008Hadan25633, and became final and conclusive as of December 2, 2008 (hereinafter “instant decision to grant immunity”), and omitted the entry of the instant obligation in the list of creditors at the time.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Ex officio determination on the legitimacy of the lawsuit

A. The Plaintiff’s assertion is not an omission of the obligation of this case in the creditor list in bad faith, and thus, the effect of exemption is limited to the obligation of this case. Therefore, it is necessary for the Plaintiff to confirm that the obligation of this case was exempted.

B. The legal nature of a lawsuit seeking confirmation requires 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 for the defendant to receive a judgment of confirmation against the defendant to eliminate imminent risks in the Plaintiff’s rights or legal status.

With respect to the instant case, the Health Board and the Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, which is an executive title, and the fact that immunity was granted in the event that there is enforcement title as above does not automatically lose its enforcement power, but merely constitutes a substantive reason to file a lawsuit seeking objection (see Supreme Court Order 2013Ma1438, Sept. 16, 2013). The Plaintiff may be subject to compulsory execution from the Defendant even if the effect of immunity is confirmed by judgment.