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(영문) 대구지방법원 2018.11.14 2017가단135126
보험에관한 소송
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of invalidation of the insurance contract indicated in the separate sheet shall be dismissed.

2. The defendant.

Reasons

1. Indication of claims: To describe the cause of claims and the changed cause of claims in attached Form; and

2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.

3. The purport of partial dismissal of a claim is only a specific right or legal relationship, and the benefit of confirmation in a lawsuit for confirmation is the benefit of confirmation in a case where the existence or absence of legal relationship, which is the subject matter of the lawsuit, can be removed from existing risks or instability in the plaintiff's rights or legal status, as the relationship is immediately determined because it is unclear between the parties.

(See Supreme Court Decision 93Da40089 delivered on November 22, 1994). According to the records, all of the insurance contracts listed in the separate sheet are terminated, and the insurance proceeds paid by the Plaintiff can be claimed as a lawsuit for performance, and in fact, it cannot be deemed as the most effective and appropriate means for the plaintiff to have obtained the judgment to nullify the insurance contracts listed in the separate sheet to eliminate the existing danger or apprehensions in relation to the plaintiff's rights or legal status.

Therefore, this part of the lawsuit is unlawful because there is no benefit of confirmation.

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