채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff received insurance money of KRW 15,184,250 from the Seoul Guarantee Insurance Co., Ltd. on the premise that the Plaintiff is liable for damages under a communications business contract, and the Plaintiff did not enter into a guarantee contract with the Seoul Guarantee Insurance Co., Ltd. on the part of the Defendant as the insured, and did not engage in the transaction of goods as stated in the purport of the claim with the Defendant. Therefore, the Plaintiff sought confirmation that the Defendant did not have any obligation against the Defendant in relation to the part of the insurance money received as above.
However, the lawsuit of confirmation is permitted only when it is the most effective and appropriate means to obtain the judgment of confirmation in order to eliminate the plaintiff's legal status and the apprehension and danger.
Even if the plaintiff, against the defendant, obtained a judgment on confirmation of the absence of an obligation with respect to the part of the insurance money already paid by the defendant, its effect does not extend to the Seoul Guarantee Insurance Co., Ltd. that has paid
The defendant has already received insurance money from Seoul Guarantee Insurance Co., Ltd. and has not claimed the claim against the plaintiff.
To seek confirmation against the Defendant that there is no obligation against the Defendant corresponding to the amount of insurance already received by the Defendant, it is about the past legal relationship.
The instant lawsuit cannot be deemed as the most effective and appropriate means to eliminate the Plaintiff’s present in legal status and danger.
Ultimately, the instant lawsuit is unlawful as there is no benefit of confirmation.