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(영문) 부산지방법원 2018.05.18 2017나55060
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's conjunctive claim part added at the trial.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the legitimacy of the instant lawsuit

A. The court's explanation as to this part of the main claim is identical to the statement of "2. Judgment as to the legitimacy of the lawsuit of this case" in the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. As to the conjunctive claim, the Plaintiff asserted that, even after the conciliation of this case was completed, the Defendants committed a violation as indicated in the separate sheet, and accordingly, the Defendants are liable to pay the Plaintiff a total amount of KRW 183,00,000,000, and accordingly, the Plaintiff sought confirmation as to the existence of the Defendants’ obligations.

ex officio, the suit for confirmation is permissible when the plaintiff's right or legal status is in danger of present apprehension, and the judgment of confirmation is the most effective and appropriate means to resolve the dispute.

As seen in the foregoing paragraph, the Plaintiff’s act of obtaining the execution clause by proving that the Defendants committed an offense against the Plaintiff’s assertion through filing an objection against the application for granting the execution clause, the refusal of granting the execution clause, and the lawsuit for granting the execution clause, etc., and thereby immediately executing the payment of the said penalty against the Defendants becomes a direct means to resolve the dispute effectively and effectively. Accordingly, the lawsuit for preliminary claim seeking confirmation of the existence of the obligation is unlawful as there is no benefit of confirmation.

3. Accordingly, the plaintiff's lawsuit against the defendants is dismissed as it is all unlawful, and the judgment of the court of first instance which dismissed the plaintiff's main claim is just in conclusion. Thus, the plaintiff's appeal against this is justified.

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