1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff filed a claim for damages against C as Seoul East Eastern District Court 2018Da53519, with respect to the Plaintiff’s business establishment operated by C, while receiving a marina from his employee.

B. However, the court of the first instance suffered injury as alleged in the Plaintiff’s assertion due to the Marina of C employees.

The judgment dismissing the claim was rendered on the ground that it is difficult to recognize the fact that the above employee violated his duty of care in the course of closing the office. Although the plaintiff appealed as Seoul Eastern District Court 2019Na2102, the appeal was dismissed, and the judgment became final and conclusive as it is.

[Reasons for Recognition] 4-4, 5-5, each entry of Eul evidence, and the purport of the whole pleadings

2. The assertion and determination on this safety defense

A. The plaintiff alleged that C filed a lawsuit for compensation for damages in relation to the issue of whether C was a marina in the business place operated by C, and in the pertinent case C submitted a preparatory document called the so-called "the second president", and it is necessary to confirm who is the actual president of the marina business place. Thus, the plaintiff asserts that C is seeking a judgment, such as the purport of the claim.

In this regard, the defendant asserts that the plaintiff's lawsuit of this case is unlawful because it is not the subject of lawsuit for confirmation of the authenticity of the deed, but there is no benefit of confirmation.

B. Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed as to whether a document verifying legal relations becomes final and conclusive, and as a result, the parties cannot dispute whether a document verifying their legal relations is authentic or not, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order for a lawsuit to verify the authenticity of a document to be lawful, there is a benefit to seek confirmation of the authenticity of the document.

Therefore, even if the truth of the document seeking confirmation is confirmed by lawsuit, it is written.