1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On January 21, 2008, the defendant filed a lawsuit against the plaintiff as Seoul Northern District Court 2008Gada11833, and "the plaintiff shall pay to the defendant 15,000,000 won and 30% interest per annum from January 1, 2003 to the day of full payment." The above judgment was finalized on April 22, 2008.

B. On December 21, 2011, the Plaintiff filed an application for bankruptcy and exemption with Seoul Rehabilitation Court Decision 201Hadan13569, 201Hau 13569, 13569, and was declared bankrupt on January 13, 2012 and became final and conclusive on January 28, 2012. The decision to grant immunity on June 26, 2012 became final and conclusive on July 18, 2012.

At the time, the defendant's claim was not stated in the list of creditors.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. In a lawsuit for confirmation of legitimacy of a lawsuit, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective means to obtain a judgment of confirmation against the defendant, in order to eliminate the risks of the plaintiff's rights or legal status in present apprehensions, and the removal of such apprehensions.

The Defendant’s claim against the Plaintiff is a claim based on a final and conclusive judgment, and the effect of enforcement title is not a reason to automatically lose its enforcement title solely on the fact that there is immunity in the event there is enforcement title. However, it is merely an substantive reason to exclude enforcement power of enforcement title through a lawsuit of demurrer against claim.

(see Supreme Court Order 2013Ma1438, Sept. 16, 2013). Thus, even if the Plaintiff is confirmed to have the effect of immunity by judgment, the Plaintiff’s apprehension that it can be subject to compulsory execution from the Defendant does not still remove.

Therefore, even if the plaintiff raises an objection against the defendant to exclude executory power against the judgment, it is sought to confirm immunity by the lawsuit of this case.