1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. In a lawsuit seeking confirmation of relevant legal principles, there must be a 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 against the defendant to eliminate such apprehension and danger in the Plaintiff’s rights or legal status.

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

However, in relation to the creditor who holds the title of debt with immunity, the debtor's filing of a lawsuit of demurrer against the claim and seeking the exclusion of the executory power based on the effect of immunity is an effective and appropriate means to remove the existing apprehension and danger in the legal

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.

(see, e.g., Supreme Court Decision 2017Da17771, Oct. 12, 2017). Meanwhile, the existence of interest in confirmation in a lawsuit for confirmation is subject to ex officio investigation, and the court’s ex officio determination ought to be made regardless of the party’s assertion.

B. (See, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006).

Judgment

Based on the above legal doctrine, the instant lawsuit is intended to prevent the Plaintiff from undergoing compulsory execution procedures based on the payment order finalized by obtaining confirmation that the Defendant’s credit card usage guarantee claim against the Plaintiff is a exempted claim.