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(영문) 춘천지방법원속초지원 2017.06.20 2016가단2545
증서진부확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The purport of the claim in civil procedure shall be specified in detail so that its contents and scope can be clearly identified, and whether an objection is specified is an ex officio examination. Therefore, in cases where the purport of the claim is not specified, the court shall order ex officio correction regardless of the defendant's objection, and shall dismiss the lawsuit if the defendant does not comply with it.

(2) As to the Plaintiff’s claim, the Plaintiff did not appear to have complied with the Plaintiff’s claim on May 16, 2014 (see, e.g., Supreme Court Decision 2013Da10104, May 16, 201).

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

[Posting the Plaintiff’s claim to the effect that “the Defendant confirms that KRW 30 million will be attributed to the Plaintiff,” it is not a lawsuit seeking confirmation of the authenticity of the pertinent cashier’s checks, which was received from C on May 10, 2007. In addition, if the Plaintiff ought to be attributed to the Plaintiff as alleged by the Plaintiff, then the Plaintiff is not a lawsuit seeking confirmation. If the Plaintiff’s claim should be attributed to the Plaintiff, then the Plaintiff’s active performance lawsuit claiming money of KRW 30 million to the Defendant would be more effective and appropriate means to eliminate risks in rights or legal status, and thus, it is unlawful as there is no benefit of confirmation.

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