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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio deemed.
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Cubex vehicles with the insurance period from August 30, 2014 to August 30, 2015. The Plaintiff is seeking confirmation that the said vehicle has no liability to pay the insurance proceeds against the Plaintiff with respect to the accidents that shocked DNA at the time and place stated in the purport of the claim, and at the same time and place.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment against the defendant to eliminate the danger, in danger, and in danger, in the plaintiff's rights or legal status.
In addition, the defendant in a lawsuit seeking confirmation has concerns over causing anxietys in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and again, he/she shall be a person who asserts conflicting interests with the legal interests of the plaintiff and, if so, has the interest in confirmation against such defendant (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 191). In light of the above legal principles, the case of this case is health; even if the plaintiff's assertion is based on the above legal principles, the defendant is merely a person who has entered into a lending contract during the repair or repair period of the damaged vehicle that is not the victim due to the above accident, and the defendant is merely a person who has been a representative of the legal entity, if the repair is deemed a Maspa Co., Ltd., the defendant cannot
or otherwise entitled to claim the payment of insurance proceeds against the plaintiff
There is no evidence to know that the Plaintiff is in the position of claiming the existence of other claims, and if there are circumstances, it cannot be the most effective and appropriate means for the Plaintiff to receive a confirmation judgment against the Defendant.