1. The part against Defendant C among the instant lawsuit is dismissed.

2. The Plaintiff’s construction work on June 2, 2017 against Defendant B.

1. As to the instant lawsuit seeking confirmation of the non-existence of an obligation under the said contract against Defendant C, a contracting guarantor of the said contract, Defendant C merely guaranteed the Plaintiff’s obligation to pay the construction price to the Defendant B, and is not a creditor against the Plaintiff, and thus, is unlawful.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant to eliminate such apprehensions and risks, and therefore, the defendant of the lawsuit for confirmation is a person likely to cause apprehensions and risks in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and there is a benefit of confirmation against such defendant.

(Supreme Court en banc Decision 96Da11747 delivered on October 16, 1997). The defendant C, as the contractor of the instant contract, cannot be deemed to have any claim against the plaintiff under the said contract as the contractor of the instant contract, and even according to the plaintiff's assertion, the defendant C does not assert that it has a claim against the plaintiff.

Therefore, since the part against Defendant C among the lawsuit of this case is inappropriate as there is no benefit of confirmation, Defendant C’s main defense pointing this out is with merit.

2. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. According to the conclusion, the part against Defendant C among the instant lawsuit is dismissed as unlawful, and the Plaintiff’s claim against Defendant B is accepted as reasonable.