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.

The Plaintiff asserted that, on April 20, 2019, the mother of D, caused a traffic accident that meets C while driving a k5 car owned by D without permission (hereinafter “instant accident”), and that the Defendant, who entered into an automobile insurance contract with D in the attached Form, was liable to pay insurance money corresponding to Section B under the automobile insurance contract stated in the attached Form with D in relation to the instant accident, and that C, the Plaintiff, or D is unable to claim insurance payment to the Defendant because the medical expenses for the victim of the instant accident were not finalized, and that the Plaintiff is under criminal trial due to the instant accident, the Plaintiff asserts that there is a benefit to seek confirmation of the existence of insurance claim, as stated in the purport of the claim.

In a lawsuit for confirmation, the benefit of confirmation in a lawsuit for confirmation is unclear between the parties who are the subject matter of lawsuit and its relationship is immediately confirmed, and thus, there is a benefit of confirmation in the event that the existence of a legal relationship can be removed from existing danger or unstable in the plaintiff's rights or legal status. Even though a lawsuit for performance can be brought, permitting the claim for confirmation of the existence of the right to claim performance itself is not effective in the removal of anxiety and it is not permissible in principle in light of the economy of the lawsuit (see Supreme Court Decision 96Da42642, Jan. 24, 1997). In relation to the accident in this case, as to whether the defendant is liable to pay the insurance amount equivalent to the personal compensation No. 2, the insured D or C, the victim, is the most effective in resolving the dispute in this case.

The fact that the medical expenses for C alleged by the Plaintiff were not finally determined cannot be viewed as a circumstance under which the said claim cannot be brought, and the Plaintiff is under criminal trial.