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(영문) 의정부지방법원 고양지원 2017.01.06 2014가단71821
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

Reasons

[Seed as to the main office]

1. In a case where a counterclaim seeking the performance of an obligation is filed with respect to the principal lawsuit seeking the confirmation of the absence of an insurance money payment obligation ex officio, whether there is benefit to confirm the principal lawsuit’s claim.

If the plaintiff sought confirmation of the non-existence of the damages liability to the defendant as a principal lawsuit because of the non-existence of the damages liability, the plaintiff filed a counterclaim seeking the performance of the damages liability thereafter, since the plaintiff failed to meet the requirements of the lawsuit and subsequently caused the defect in the requirements of the lawsuit due to a counterclaim filed by the other party.

Even if such circumstance alone, it cannot be deemed that the principal lawsuit is unlawful due to the extinguishment of the benefit of confirmation on the principal claim.

(3) In light of the fact that the defendant actively maintains the counterclaim by the date of the closing of argument in this case and that the defendant cannot withdraw the counterclaim in the future, it is reasonable to deem that the plaintiff's interest in the confirmation of this case does not exist at the time of the closing of argument in this case, since the benefit of confirmation in a lawsuit for confirmation is a requirement for litigation. Thus, even if there is no litigation requirement at the time of the lawsuit at the time of the lawsuit at the time of the lawsuit at the time of the lawsuit at the court of fact-finding, it shall be deemed that the judgment on the merits cannot be rendered even if the requirements for the lawsuit are satisfied at the time of the closure of argument at the court of fact-finding, even if there is no litigation requirement at the time of the lawsuit at the time of the lawsuit at the time of the lawsuit at fact-finding.

Therefore, the principal lawsuit of this case is unlawful as there is no benefit of confirmation.

any counterclaim.

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