용역대금 등 청구사건
1. The part of a judgment of the court of first instance requesting the confirmation of existence of an obligation shall be revoked;
2. Claim for the confirmation of the existence of an obligation among the instant lawsuits.
1. Even based on the evidence submitted by the Plaintiff as the cited in the judgment of the first instance court, it is insufficient to recognize that the Plaintiff had performed the business of resident CM services under the instant service agreement from April 2015 to June 2015 as the Plaintiff’s assertion. In addition, the first instance court’s judgment dismissing the Plaintiff’s claim for service charges and the claim for damages on the ground that the Plaintiff’s failure to comply with the instant service agreement to reside at the construction site and breached the duty of resident CM to manage and supervise the construction work in accordance with the instant service agreement, and that the termination of the instant service agreement by the Defendant is legitimate.
Accordingly, this Court shall refer to the corresponding part of the judgment of the first instance court in accordance with the main sentence of Article 420 of the Civil Procedure Act with respect to the remaining reasons, except for the second to fourth parts as follows, in respect of the claim for confirmation of existence of liability (as to the second to fourth parts of the judgment of the first instance).
2. Whether the part of the claim for confirmation of non-existence of the obligation is legitimate is sought from the purport of the claim, and the Plaintiff seeks confirmation of non-existence of the contractual performance guarantee obligation based on the “instant performance guarantee contract” concluded with A.
Since a person who is liable to pay a contract performance bond to the defendant according to the contract of performance guarantee of this case is a partnership A that entered into the contract of performance guarantee of this case with the plaintiff, the plaintiff in this case is deemed to seek confirmation of non-existence of the contract performance bond payment obligation to the defendant of the A association, and ex officio review
A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can also be subject to the legal relationship between one of the parties and a third party or between a third party, but in order to have a benefit to seek confirmation of the legal relationship, the claimant's right or legal relationship.