logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2017.04.12 2016가합1402
세금계산서미발행확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff, based on the determination of the lawfulness of a lawsuit, paid the construction price to the Defendant after completing supply and installation under the contract for household supply and installation with the Defendant, but the Defendant issued a tax invoice only for a part of the lawsuit, citing confirmation that the Defendant failed to issue each tax invoice for KRW 170,00,000 for the year 201 and KRW 75,354,250 for the year 201 to the Plaintiff.

The benefit of confirmation in a lawsuit for confirmation is allowed only when the plaintiff's right or legal status is in danger, and the defendant is the most effective and appropriate means to eliminate such apprehension and danger. The object of confirmation is limited to the current specific rights, obligations, or legal relations (see, e.g., Supreme Court Decisions 91Da14420, Dec. 10, 191; 91Da25413, Oct. 8, 1991). With respect to this case, health care unit is merely a fact-finding that the defendant did not issue a tax invoice to the plaintiff, and it cannot be subject to the determination of confirmation. The lawsuit for confirmation as to this case cannot be deemed the most effective and appropriate means to eliminate the plaintiff's legal relationship's anxiety and danger.

2. As such, the instant lawsuit is inappropriate as there is no benefit of confirmation, and thus, it is so decided as per Disposition by the assent of all participating Justices.

arrow