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(영문) 광주지방법원 2015.04.24 2014가단44333
카드사용자확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Whether a lawsuit is lawful or not, the plaintiff filed the lawsuit in this case claiming that the plaintiff did not use Samsung Credit Card in the name of the defendant and sought confirmation from the defendant. However, in a lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when the plaintiff's rights or legal status is the most effective and appropriate means to eliminate such apprehension and danger. Thus, the defendant of the lawsuit for confirmation is likely to cause apprehension and danger in the plaintiff's legal status by dispute over the plaintiff's rights or legal relations, and there is a benefit of confirmation against such defendant.

(see, e.g., Supreme Court Decision 96Da11747, Oct. 16, 1997). In this case, it is difficult to recognize that the Plaintiff had any interest in confirmation only with the health care unit and the Plaintiff’s assertion, and it is difficult to recognize that the Plaintiff had any interest in confirmation, the Plaintiff submitted a written complaint, and then

The instant lawsuit is unlawful as there is no legal interest in seeking confirmation.

2. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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