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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. The Defendant served in “C” operated by the Plaintiff and retired from office at the beginning of 2018.
B. On April 23, 2018, the Defendant received a favorable judgment against the Plaintiff on September 11, 2018: “The Plaintiff shall pay to the Defendant 16,451,780 won and the amount calculated by the rate of 20% per annum from March 15, 2018 to the date of complete payment,” and the above judgment became final and conclusive around that time.
【Ground for recognition】 The fact that there has been no dispute, significant fact in this court, entry of Gap 3 and 4, the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant in order to eliminate in danger, in danger, and in danger, in the Plaintiff’s rights or legal status.
In addition, the defendant in a lawsuit seeking confirmation has concerns over causing anxietys in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and in other words, he/she shall be a person who claims conflicting interests with the legal interests of the plaintiff and shall have the interest in confirmation against such defendant (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 1991).
As to the instant case, the Plaintiff filed a lawsuit to the effect that there is no obligation to pay the retirement allowance of KRW 30 million, as the Defendant paid the retirement allowance by interim settlement to the Defendant. However, as to the part of KRW 16,451,780, out of the above KRW 30 million as the subject of confirmation, the Defendant received a final judgment in favor of the Plaintiff, as in the facts acknowledged earlier, and thus, barring any special circumstance, the Defendant is in conflict with the legal interests and interests of the Plaintiff.