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

In the previous lawsuit between the plaintiff and the defendant (Seoul Central District Court Decision 2014Kadan211211) the plaintiff asserted that the above judgment was rejected and omitted and confirmed that the contract of this case existed in the past.

In the litigation for confirmation, the subject of confirmation shall be the present rights or legal relations, and it is not allowed to seek confirmation of past rights or legal relations because there is no benefit of confirmation.

However, the intention to seek confirmation of the existence of past rights or legal relations is exceptionally allowed only when it is related to the present rights and legal relations.

However, the contract of this case where the plaintiff sought confirmation of existence as the lawsuit of this case is nothing more than the past rights or legal relations, and further, it is confirmed that the contract of this case existed in the past.

As a matter of course, the plaintiff's assertion (the argument that the defendant agreed to pay 200,000 won per month to the plaintiff on the condition that the right to use and benefit from the subject matter of the contract of this case is transferred to the defendant) is not acknowledged (the plaintiff has already filed a claim against the defendant for payment of the agreed amount on two occasions as above, but the first lawsuit Seoul Central District Court Decision 2013Kadan12971 decided against the plaintiff in the first lawsuit, and the second lawsuit is final and conclusive, and the dismissal ruling is final and conclusive as a claim against the res judicata effect of the final and conclusive judgment in the second lawsuit in the case of agreed amount 2014Ra2111). Whether the contract of this case existed in the past is related to the present rights or legal relations.

Thus, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.