1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On July 6, 2018, the Defendant filed a lawsuit against the Plaintiff seeking the return of unjust enrichment (Seoul Southern District Court 2018 Ghana30585), and the Plaintiff filed the instant lawsuit seeking the confirmation of the existence of the obligation on November 1, 2018.

The defendant asserts that the lawsuit of return of the above unjust enrichment and the lawsuit of this case are related to the same claim, and thus the lawsuit of this case should be dismissed.

Accordingly, on April 1, 2019, this Court ordered the Plaintiff to make a clear statement to the effect that the instant lawsuit has the interest in confirmation.

However, the plaintiff did not respond to this up to the date of pleading and did not appear on the date of pleading.

Considering these circumstances, it can be recognized that the instant lawsuit and the instant lawsuit for return of unjust enrichment are related to the same claim.

Where a creditor files a lawsuit for performance against a debtor and the debtor files a lawsuit for confirmation of the existence of an obligation against the creditor while the lawsuit is pending, even if the purport of the lawsuit is different from that of the claim, the creditor may seek a judgment of dismissal in the performance lawsuit which was first filed by the debtor, so that the creditor does not have an obligation against the debtor, so there is no benefit to seek confirmation that there is no obligation against the creditor separately.

(See Supreme Court Decision 2001Da22246 delivered on July 24, 2001. Accordingly, the instant lawsuit is unlawful as there is no benefit of confirmation, and thus, it is so decided as per Disposition by the assent of all participating Justices.