채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff, an insurance solicitor of the life insurance company, at the Plaintiff’s recommendation, seeks to confirm that the Defendant, who purchased the above insurance company’s additional social insurance policy and claimed the invalidity of the insurance contract for reasons of violation of the duty to explain, etc., is limited to the payment of the termination refund of KRW 8,862,58, and there is no other obligation such as the return of the subscription premium.
However, in a lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the risk of indeption in the plaintiff's rights or legal status.
However, given that the parties to the legal relationship following the invalidation or termination of the insurance contract are the life insurance company and the defendant, there is no interest in obtaining such confirmation judgment against the defendant against the plaintiff, the designer of the above insurance company.
Thus, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.