1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. First, we examine ex officio the legality of the instant lawsuit, first of all, as to the determination on the lawfulness of the instant lawsuit.

A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties to the lawsuit, but can be subject to the legal relationship between one of the parties to the lawsuit and a third party or between third parties. However, such legal relationship is confirmed according to the legal relationship, so that it is necessary to immediately determine the legal relationship by the confirmation judgment covering the legal relationship in order to eliminate the existing risk or non-influent proposal existing in the rights or legal status of the complaining party. In addition, there is the benefit of confirmation that it becomes

(2) On November 22, 1996, the Plaintiff sought confirmation against the Defendant that “the Defendant’s claim for insurance money based on the attached guaranty insurance policy against the Seoul Guarantee Insurance Co., Ltd. (hereinafter “instant insurance money”) does not exceed KRW 6.2 million.” However, whether the Defendant has the right to claim the instant insurance money against the Seoul Guarantee Insurance Co., Ltd. is determined depending on whether the Defendant bears the obligation to perform the defect repair work under the construction contract with the Defendant. As such, it is sufficient for the Plaintiff to seek confirmation against the Defendant as to the absence of the obligation to perform the defect repair work under the above construction contract. Further, seeking confirmation on the existence of insurance money between the Defendant and the Seoul Guarantee Insurance Co., Ltd. cannot be deemed as valid and appropriate means to eliminate risks and apprehension existing in the Plaintiff’s legal position (see Supreme Court Decision 2011Da76297, 2013Da63737, Feb. 9, 2012).

2. Conclusion, the instant lawsuit is brought.