logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.14 2018나72385
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed by this court.

Reasons

1. The court's explanation of this part of the judgment as to the primary claim is the same as the reasoning of the judgment of the court of first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that “new form of litigation seeking confirmation” in the form of seeking confirmation for interruption of extinctive prescription, such as the Plaintiff’s preliminary claim, should be allowed, even if the primary claim is unlawful as there is no benefit in the protection of rights, such as the first instance court’s determination.

However, in order to eliminate the existing apprehension and danger with respect to the disputed legal relationship, the benefit of confirmation in the lawsuit for confirmation must be immediately finalized by the judgment of confirmation subject to the confirmation of the legal relationship, and it can be recognized that it is the most effective and appropriate means. As seen in the above 1., insofar as it is difficult to deem that the ten-year lapse of the statute of limitations as of the date of the closing of argument in this case, as of the date of the instant case’s claim, as long as it is difficult to deem that the lawsuit for confirmation sought by the Plaintiff as the conjunctive claim need to be immediately finalized, it is difficult to deem that the lawsuit

3. Accordingly, the plaintiff's lawsuit on the main claim of this case shall be dismissed as it has no interest in protecting the right, and the judgment of the court of first instance is just, and the plaintiff's appeal shall be dismissed as it is without merit, and the plaintiff's lawsuit on the main claim of this case additionally added in this court shall be dismissed as it is inappropriate for the court to immediately determine it.

arrow