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(영문) 수원지방법원안산지원 2020.04.16 2019가합7324
채무부존재확인
Text

1. The plaintiff's lawsuits against the defendant C and D are all dismissed.

2. The net E is located in the F in City interesting 10:20 on April 1, 2019.

Reasons

1. Determination as to the legitimacy of the lawsuit against the defendant C and D

A. A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infinite or dangerous and being judged by a judgment of confirmation is the most effective and appropriate means to resolve the dispute. Meanwhile, the litigation requirements, such as the benefit of confirmation, etc., are matters to be examined and determined ex officio by the court, even if the parties do not assert it.

(Supreme Court Decision 2019Da247385 Decided January 16, 2020). B.

With respect to the accident described in the Disposition No. 2, there is no circumstance to deem that there is any apprehension and danger in the Plaintiff’s rights or legal status between the above Defendants and the Defendants, such as claiming damages against the Plaintiff.

C. Therefore, the Plaintiff’s lawsuit against the above Defendants is dismissed as it is unlawful as there is no benefit of confirmation.

2. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

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