채무부존재확인
1. Of the instant lawsuit, the part of the claim against Defendant A shall be dismissed.
2. The plaintiff as to the facts stated in the attached Form (1).
1. Of the instant lawsuit, ex officio whether the part concerning the claim against Defendant A is lawful, the lawsuit for confirmation is intended to be confirmed by judgment against the other party to the pertinent legal relationship or a third party in order to resolve the legal anxiety or threat existing in the Plaintiff’s right or legal status. Here, “legal uncertainty or threat” is typical where one’s own right or legal status is denied or inconsistent with that of others. Therefore, there is no interest in confirmation unless there is legal apprehension or threat as to the pertinent legal relationship because there is no dispute between the parties.
Therefore, it is apparent in the record that Defendant A does not dispute the absence of the Plaintiff’s obligation to pay insurance money stated in the Plaintiff’s claim against Defendant A. As such, the part of the claim against Defendant A in the instant lawsuit is unlawful as there is no benefit of confirmation.
2. Determination as to the claim against the defendant Sejong Co., Ltd.
(a) Indication of claims: To be as shown in the reasons for the claims;
(However, the Defendant’s “Defendant” is modified to the Defendant Company. (B)
Confession Judgment (Article 208 (3) 2 of the Civil Procedure Act)
3. If so, the part of the claim against Defendant A among the lawsuit in this case is unlawful, and thus, it is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the claim against Defendant Sejong Co., Ltd. for this reason.