1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On April 11, 2011, the Defendant applied for a payment order against the Plaintiff as Busan District Court Branch Branch Branch 201j1231, and the payment order was issued on April 15, 201, and was served on the Plaintiff on April 15, 201, and the payment order became final and conclusive on April 30, 201 due to the Plaintiff’s failure to raise an objection to the payment order.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] entry of Gap evidence 1, substantial facts in this court, the purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiff sought confirmation that the Plaintiff’s obligation under the instant payment order does not exist.

A lawsuit for confirmation is permissible in cases where it is the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the Plaintiff’s right or legal status’s apprehensions and risks (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 2000). Since the ultimate goal of the Plaintiff’s realization by the instant lawsuit is to exclude the enforcement force of the above payment order, the Plaintiff, as a result, must file a lawsuit against the Defendant for objection against the claim for the above payment order in order to achieve the above purpose.

Therefore, the lawsuit of this case filed by the plaintiff without filing a lawsuit of demurrer against the above payment order and seeking confirmation of the existence of the obligation is unlawful as there is no benefit of protection of rights.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the instant lawsuit is unlawful in accordance with the conclusion.