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(영문) 서울남부지방법원 2021.01.14 2020가단11043
채무부존재확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff sought confirmation of the absence of the obligation of KRW 1,53,040 for the Defendant according to the Seoul Southern District Court Decision 2016Kao 10941, 2016Kao 368, 2016Kao 369.

With respect to the legitimacy of the lawsuit of this case ex officio, the decision to determine the amount of litigation expenses and the determination of the amount of litigation expenses is the subject of a claim objection lawsuit as an independent executive title.

Therefore, it is a way to resolve a direct dispute, and it is necessary to seek confirmation of non-existence of an obligation, in addition to the exclusion of enforcement power, by filing a lawsuit of objection against the claim.

shall not be deemed to exist.

Therefore, the instant lawsuit has no interest in confirmation and is in an influent law.

The instant lawsuit is dismissed.

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