채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The lawsuit for confirmation of the legitimacy of the lawsuit of this case is permitted when there is an apprehension or risk existing in the rights or legal status and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute. In case where the creditor files a lawsuit against the debtor for performance against the debtor and the debtor files a subsequent lawsuit for confirmation of the existence of the obligation against the creditor while the lawsuit is in progress, even if the purport of the lawsuit is different from that of the lawsuit, the debtor may argue that the creditor does not have a claim against the debtor by seeking a judgment of dismissal of the claim in the performance lawsuit. Thus, there is no benefit to seek confirmation that there is no obligation against the creditor separately.
(2) On July 24, 2001, in light of the above legal principles, the Plaintiff filed the instant lawsuit claiming that the Defendant is not obligated to pay the amount of liability insurance, since the Plaintiff completed the payment of liability insurance in relation to the accident stated in the separate sheet and the Plaintiff is exempted from the scope exceeding the amount of liability insurance under the terms and conditions. Thus, the Defendant filed the instant lawsuit seeking confirmation of the existence of liability against the Defendant. ② The Defendant asserted that the Plaintiff is obligated to pay the remainder of the money excluding the amount of liability insurance paid by the Plaintiff out of the insurance money and the expenses for prevention of damage incurred by the Defendant as the amount of indemnity (this Court Decision 2017Da521832), and that the appellate trial (this Court Decision 2018Na60856) continues to exist. There is no dispute between the parties to the instant lawsuit or is significant in this court.
Therefore, by seeking the judgment of dismissal in the above performance lawsuit filed by the defendant, the defendant does not have a claim for indemnity exceeding the liability insurance amount against the plaintiff. Thus, the lawsuit of this case for which the plaintiff seeks confirmation of existence of the obligation against the defendant is confirmed separately.