정산금 청구의 소
1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by the plaintiff.
It cannot be the subject of a lawsuit for confirmation, unless it is merely seeking confirmation of the existence of a right or legal relation under private law or seeking confirmation of factual relations (see Supreme Court Decision 93Da29976, Oct. 22, 1993). The Plaintiff’s claim of this case seeks confirmation that there exists a specific amount in the food and property custody account. It is merely seeking confirmation of factual relations, and thus cannot be the subject of a lawsuit for confirmation. Thus, the lawsuit of this case is unlawful.
Even if the plaintiff wants to seek confirmation that the plaintiff holds monetary claims of KRW 3,041,623,771 against the defendant, the plaintiff does not comply with this court's order for acknowledgement correction as to the above claim. Thus, the lawsuit of this case concerning the above claim which did not pay stamp is unlawful.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.