1. The instant lawsuit shall be dismissed.

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

1. Judgment on the lawfulness of the lawsuit

A. Notwithstanding the determination of grant of immunity to a bankrupt debtor, where a claim is disputed as to which claim constitutes non-exempt claim, the debtor may, by filing a lawsuit seeking confirmation of grant of immunity, eliminate the risks existing in his/her rights or legal status.

However, in relation to the creditor who has executive title with respect to the exempted obligation, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of enforcement force based on the effect of the discharge becomes an effective and appropriate means to eliminate the present danger in the legal status

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(Supreme Court Decision 2017Da17771 Decided October 12, 2017). B.

Judgment

The Defendant applied for a payment order against the Plaintiff seeking compensation for delay from April 19, 2012 against the principal amounting to KRW 4,450,007 (i.e., principal amounting to KRW 4,317,00,000) and from April 19, 2012 (i.e., principal amounting to KRW 133,00), and the payment order was issued as the Suwon District Court of Suwon-si on April 20, 2012. The fact that the said payment order was finalized on May 12, 2012 is either disputed between us or recognized according to the statement in subparagraph 1.

According to the above legal principles, inasmuch as the Plaintiff did not go through other relief procedures, such as filing a lawsuit of objection against the above payment order, it cannot exclude the enforcement force of the payment order which became final and conclusive, and the risk of compulsory execution from the Defendant is still not removed.

Therefore, the instant lawsuit cannot be an effective and appropriate means to eliminate the Plaintiff’s legal uncertainty, and thus, is unlawful as there is no benefit of confirmation.

2. The instant lawsuit is unlawful and dismissed as it is concluded.