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(영문) 서울중앙지방법원 2017.01.17 2016가단101356
채무부존재확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff guaranteed the goods-price obligation owed by Nonparty B on the vehicles for treatment, electronic, and treatment. Since the amount reduced or exempted was fully paid by agreement with the Defendant, and the extinctive prescription of the obligation has expired, the Plaintiff’s guarantee obligation against the Defendant is nonexistent.

The plaintiff does not issue a letter of guarantee issued by the defendant in relation to the installment payment of farmland preservation charges, so there is a benefit to seek confirmation of the lawsuit in this case.

2. The benefit of confirmation of the determination on this safety defense is recognized when it is the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the risks of rights or legal status and to eliminate such apprehension and danger.

In this case, there is no dispute between the parties that the Plaintiff’s obligation to the Defendant does not exist any longer, and thus, it cannot be deemed that there is any apprehension or risk existing in the Plaintiff’s rights or legal status.

In addition, although the Plaintiff asserted that the Plaintiff filed the instant claim because it did not issue the guarantee certificate to the Defendant, it is difficult to view that the Plaintiff was subject to the judgment on the existence of the obligation and that the Defendant was obligated to issue the guarantee certificate to the Plaintiff. Therefore, the Plaintiff’s receipt of the instant judgment in order to eliminate the uncertainty and risk of its legal status cannot be deemed an effective and appropriate means.

3. As such, the instant lawsuit is dismissed as it is unlawful as there is no benefit of confirmation.

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