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1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The Plaintiffs’ assertion seek confirmation against the Defendant on the fact that the Plaintiffs are in the status of each subject of examination of qualifications in the bidding of the first through third bidding of the attached list publicly announced by the Defendant on December 2, 2016 (hereinafter “each of the instant bidding notices”).
2. Determination on the legitimacy of the plaintiffs' lawsuits
A. In a lawsuit for confirmation of relevant legal principles, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective means for the defendant to receive a judgment of confirmation against the defendant to eliminate the risks of apprehension and danger in the plaintiff's rights or legal status. Thus, the defendant of the lawsuit for confirmation must dispute over the plaintiff's rights or legal relations to cause apprehensions in the plaintiff's legal status, and there is a benefit of confirmation against such defendant.
(See Supreme Court en banc Decision 96Da11747 delivered on October 16, 1997). B.
However, the Defendant stated in the preparatory document of August 11, 2017 of the instant case that “the Defendant determined and notified each of the Plaintiffs as eligible for the first-class eligibility examination in the bidding of each of the instant bidding notices, and the third party, who is not the Plaintiffs, is not entitled to enter into a service contract on each of the instant bidding notices as a successful bidder, and is the same as the Plaintiffs’ position.”
In contrast, the defendant in a lawsuit for confirmation is likely to cause anxietys and risks in the legal status of the plaintiffs by dispute over the rights or legal relations of the plaintiffs. As seen above, since the defendant fully acknowledges the contents of the plaintiffs' claims, it cannot be said that receiving a judgment against the defendant is the most effective and appropriate means to remove the risks existing in the rights or legal status of the plaintiffs.
Therefore, the plaintiffs' lawsuit is a requirement for protection of rights.