1. Of the instant lawsuit, the part of the conjunctive claim Nos. 2 and 3 shall be dismissed.

2. The plaintiff's primary claim and the first preliminary claim.

1. The lawsuit seeking confirmation of the legitimacy of the conjunctive claim Nos. 2 and 3 of the instant lawsuit is recognized where the determination by the judgment of confirmation is the most effective and appropriate means when the Plaintiff’s legal status is unstable and dangerous.

Therefore, even though it is possible to file a lawsuit claiming implementation, the filing of a lawsuit for confirmation is not a final solution of the dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 93Da4089 delivered on November 22, 1994, Supreme Court Decision 95Da5622 delivered on December 22, 1995, Supreme Court Decision 2005Da60239 delivered on March 9, 2006, etc.). Of the instant lawsuit, the part claiming the confirmation of the existence of the Plaintiff’s claim for insurance payment against the Defendant, which is the part of the second preliminary claim, and the part claiming the confirmation of the existence of the Plaintiff’s claim for the damages against the Defendant, which is the part of the third preliminary claim, is unlawful as there is no benefit of each confirmation, so long as the Plaintiff’s claim for the said insurance payment can directly achieve the purpose of each of the above preliminary claims.

2. As to the primary claim and the first preliminary claim

A. Basic facts 1) On January 2, 2016, the Plaintiff and the Defendant by means of telephone conversations with the insurance solicitor D, and with respect to passenger cars owned by the Plaintiff’s mother E in 2002 FWz S320, the policyholder, as to the Plaintiff, the registered insured, the Plaintiff, the registered driver, the registered driver, the insurance period from January 2, 2016 to January 2, 2017, and the matters covered are determined as follows: (a) a comprehensive automobile insurance contract (hereinafter “instant insurance contract”).

(2) The instant insurance contract included special terms and conditions, such as limited driving, limited driving per designated driver, and other automobile driving security, etc., over 48 years of age, and among the security matters of the instant insurance contract, the item “injury caused by non-insurance cars.”