Of the Plaintiff-Counterclaim Defendant’s principal claim, the Defendant-Counterclaim Plaintiff.

A lawsuit for confirmation is not necessarily limited to the legal relationship between the original defendant and a third party, but can be subject to the legal relationship between the original defendant and a third party. However, according to such legal relationship, the confirmation of such legal relationship is required to be immediately determined by the confirmation judgment based on the legal relationship as the object of confirmation in order to eliminate risks and apprehensions existing in the plaintiff's rights or legal status, and it is the most effective means.

(2) In light of the overall purport of the arguments, the aforementioned debt is a debt to which the Seoul Guarantee Insurance Co., Ltd. bears when the Defendant received the insurance money under the performance guarantee insurance contract from the Seoul Guarantee Insurance, and the Defendant exercised the right to indemnity against the Plaintiff. As such, the Plaintiff’s filing of a civil petition is recognized as having not received the insurance money of KRW 10,000,000 from the Seoul Guarantee Insurance, and the Defendant, as a counterclaim, sought reimbursement of KRW 18,818,879 directly to the Plaintiff.

Therefore, it is difficult to view that there is a benefit to seek confirmation on the existence of the obligation for reimbursement separately at the present stage, since the decision on the counterclaim was made, whether the Plaintiff bears the recovery fee to the Defendant, whether the obligation to pay the insurance proceeds to the Defendant of the Seoul Guarantee Insurance, and whether the Plaintiff bears the obligation for reimbursement after the payment of the insurance proceeds.

The above part of the claim is unlawful as there is no benefit of confirmation.

2. The Court shall explain this part of the judgment of the court of first instance.