채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff filed the lawsuit in this case by asserting that there is no obligation for the defendant to apply for a payment order under Seoul Southern District Court 2015 tea30672. In the lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when the defendant is the most effective means to receive a confirmation judgment against the defendant, which is the most effective means to eliminate the risks of uncertainty and concerns of the plaintiff's rights or legal status.
However, even if the plaintiff's assertion itself is based on the plaintiff's claim, the above payment order has not yet become final and conclusive, and the plaintiff can raise an objection in accordance with the above payment order procedure.
Therefore, the plaintiff's claim for the confirmation of the existence of an obligation against the defendant is unlawful because it is not the most effective means against the defendant, and there is no benefit of confirmation.
Therefore, the plaintiff's lawsuit of this case is dismissed.