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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion asserts as follows as the ground for the claim of this case.
After receiving a contract for the construction project of the MTS system, the Plaintiff sent a subcontract to the Web T&B business company to the Defendant and completed the project, and there was no sign of contract between the Defendant and the Defendant.
Nevertheless, on January 2, 2017, the Defendant issued a tax invoice written in the purport of the claim to the Plaintiff (hereinafter “instant tax invoice”) and demanded the Plaintiff to pay KRW 13,200,000 to the Plaintiff.
Accordingly, the Plaintiff seeks to confirm that there is no obligation to pay service costs under the tax invoice of this case against the Defendant as the instant lawsuit.
2. In a lawsuit for confirmation ex officio as to the legitimacy of a lawsuit, there is a dispute between the parties as to the present rights or legal status, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s legal status in danger of apprehension and danger (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). In a case where a creditor files a lawsuit for performance against a debtor against a debtor and the debtor files a subsequent suit for confirmation of existence of the obligation against the creditor while the lawsuit is pending, even if the purport of the lawsuit differs from that of the claim, the debtor may argue that the creditor does not have a claim against the debtor by seeking a judgment of dismissal of the claim in the performance lawsuit. Thus, there is no benefit to seek confirmation against the creditor that there is no obligation against the creditor.
(see Supreme Court Decision 2001Da22246, Jul. 24, 2001). Examining the purport of the entire pleadings in the statement No. 1 in this case, the Defendant’s assertion against the Plaintiff as the court No. 2017Da17663, Mar. 20, 2017.