The judgment below

Of the judgment of the court of first instance, the part against Defendant C is reversed, and the part against Defendant C is revoked.

1. Ex officio determination as to the legitimacy of a lawsuit against Defendant C

A. A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but can also be subject to the legal relationship between one of the parties and a third party or between the third parties.

However, in order to ensure that there is a benefit to confirm the legal relations, there should be a danger proposal existing in the claimant's rights or legal status according to the legal relations, and it should be immediately finalized by a judgment of confirmation subject to the legal relations in order to remove the risk, and it should be the most effective and appropriate means.

Inasmuch as the other party denying his/her own right or legal status asserts the rights or legal relations against a third party that cannot be compatible with his/her own assertion, seeking the confirmation of the other party’s claim’s rights or legal relations against the third party, even if he/she received a favorable judgment in a lawsuit seeking such confirmation, it does not confirm his/her own rights or legal relations with the other party, but does not affect the third party, and thus, such lawsuit seeking confirmation of non-existence cannot be an effective and appropriate means to resolve the present unstable risk in his/her own rights or legal status, and thus, there is no benefit in confirmation.

(See Supreme Court Decision 2006Da5970 Decided August 23, 2007, etc.). B.

The Plaintiffs, against Defendant C, sought confirmation of invalidity of the service agreement concluded on April 19, 2013 by Defendant Lhyeong-si and Defendant C.

However, even if the plaintiffs received a favorable judgment in the lawsuit of confirmation against the defendant C, such judgment does not confirm the plaintiffs' rights in relation to the defendant C, but it does not affect the defendant's oral decision.

Therefore, the plaintiffs filed against the defendant C.