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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Whether the lawsuit of this case is legitimate
A. The plaintiff's assertion was finalized on December 27, 2003 in Busan District Court's Dong Branch 2003Kadan8352, which the defendant filed against the plaintiff and C, and the decision was later finalized on June 24, 2009. Since the plaintiff paid only KRW 10 million out of the above judgment amount and was exempted from the defendant for the remaining amount, the plaintiff asserts that the non-existence of the judgment amount is confirmed.
B. Determination ex officio requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when the defendant is the most effective means to receive a judgment of confirmation against the defendant when taking the judgment of confirmation is removing the plaintiff's right or legal status, and the apprehension and risk (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). According to the evidence No. 1-2-1 and No. 2-2, the defendant filed a claim suit against the plaintiff and C against the Busan District Court as Busan District Court Branch Branch 2003Da8352, Nov. 5, 2003 by filing a favorable judgment against the plaintiff and C, and the above judgment becomes final and conclusive on Dec. 27, 2003; the plaintiff's obligation against the defendant under the above judgment against the plaintiff and the obligation for which the plaintiff seeks non-existence by the lawsuit in this case; thus, the defendant already obtained the above judgment against the plaintiff and the purpose of preventing the plaintiff from enforcing the compulsory execution.
Therefore, in order for the Plaintiff to achieve this objective, a lawsuit seeking the exclusion of the executory power of the above judgment should be brought, such as filing a lawsuit of demurrer, and the judgment of confirmation of existence of an obligation does not exclude the executory power of the above judgment. Therefore, the instant lawsuit cannot be deemed the most effective and appropriate means to eliminate the present unstable risk.
2. Conclusion, the instant lawsuit is brought.