The judgment below

The part of the first counterclaim shall be reversed.

The counterclaim of the first instance judgment shall be revoked, and the counterclaim shall be dismissed.

Judgment ex officio is made.

1.(a)

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is rendered at the time when it is the most effective and appropriate means to remove the Plaintiff’s right or legal status unstable danger (see, e.g., Supreme Court Decisions 2015Da206492, Jun. 11, 2015; 2014Da208255, Mar. 15, 2017).

The right to receive the retirement pension, etc. prescribed by the Public Officials Pension Act, not directly generated under the provisions of Acts and subordinate statutes, but to receive the above benefits, upon receiving an application from the head of the agency to which he/she belongs, the Public Officials Pension Service determines to pay it.

The meaning of the decision on the payment of benefits to be made by the Corporation is not merely simply confirming and determining the recipients of benefits, but also confirming and determining the specific amount of benefits.

Therefore, a person who intends to receive benefits under the Public Officials Pension Act shall seek the payment of benefits through a party litigation only after obtaining recognition of specific rights, such as filing an appeal litigation against the decision, where the Corporation refuses or partially grants the payment of benefits upon receiving an application for the payment of benefits to the Corporation pursuant to the relevant Acts and subordinate statutes. It is not permissible to immediately seek the payment of benefits through a party litigation against the Corporation, etc. without any specific rights.

(See Supreme Court Decision 2004Du244 Decided July 8, 2004; Supreme Court Decision 2008Du5636 Decided May 27, 2010, etc.). 2. A.

The lower court, while deeming that the principal lawsuit by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) seeking the payment of outstanding principal, interest, and overdue interest as long as the immunity on the instant loan claim affects the effect of immunity, is unlawful, the lower court, as well as the Plaintiff and the Defendant-Counterclaim Plaintiff.