원고에대한 상해진단서 진부확인
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is seeking confirmation to the effect that the Plaintiff’s act of injury was not a true document, since the Defendants asserted that the Plaintiff was the Plaintiff’s act of injury under the instant medical certificate, even though they did not have committed an act of injury like the medical certificate as stated in the claim(A No. 1; hereinafter “the instant medical certificate”).
2. We examine whether the Plaintiff’s lawsuit for confirmation of this case against the Defendants is legitimate ex officio in determining the legitimacy of the instant lawsuit.
Article 250 of the Civil Procedure Act provides, “The lawsuit for confirmation may also be instituted in order to determine whether or not the document verifying the legal relations is authentic.” Thus, the document which is the object of the lawsuit to confirm the authenticity of the deed is a document directly proving the legal relations, and “the document verifying the legal relations” means the document in which the content of the document can prove the existence or absence of a specific legal relationship directly from
(See Supreme Court Decision 2001Da53714 Decided December 14, 2001, etc.). Moreover, since the lawsuit for confirmation of authenticity of a document concerns whether the document solely proves the right or legal relation was prepared by the person under whose name the document was prepared, a lawsuit is not allowed to confirm whether the content written in the document conforms to objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). The instant diagnosis in which the Plaintiff seeks confirmation of authenticity of a document is difficult to view that the content of the document constitutes a document of the nature in which the existence of current legal relations can be proven directly by that document, and thus, it cannot be the subject of a lawsuit for confirmation of authenticity of a document.
In addition, the content of confirmation sought by the plaintiff is not about whether the written diagnosis of this case is authentic according to the will of the person in charge of preparation, but about the written document.