1. The instant lawsuit shall be dismissed.

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

We examine the legitimacy of the instant lawsuit.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered at the time when the Plaintiff’s right or legal status is the most effective and appropriate means to eliminate anxiety and risk existing in the Plaintiff’s legal status (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017). The record reveals that the following facts

① On June 11, 2012, the Plaintiff was sentenced to the Seoul Southern District Court (2012 High Court Decision 445, 755 (Merger)) that the costs of lawsuit together with a fine of four million won due to an injury or assault was borne by the Plaintiff, who is the Defendant.

The plaintiff appealed against the above judgment, but the appeal was dismissed, and the appeal was also dismissed. The above judgment became final and conclusive on December 27, 2012.

② On September 15, 2014, the Plaintiff was sentenced by the Seoul Southern District Court (2014 High Court Decision 2014Ma2093) to the effect that the costs of the witness are borne by the Plaintiff, who is the Defendant, as well as a fine of KRW 3 million, out of the litigation costs.

The plaintiff appealed against the above judgment, but the appeal was dismissed, and the appeal was also dismissed. The above judgment became final and conclusive on April 22, 2015.