채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 2 and 4 together with the purport of the entire pleadings:
The Plaintiff was supplied with even door C to the process of subcontracted construction from the NAo tower integrated construction company.
B. C received even door from the Defendant and supplied it to the Plaintiff.
C. C bears the Defendant’s liability of KRW 13 million with respect to the above even existence. D.
On November 6, 2013, the Plaintiff prepared and delivered to the Defendant a promissory note Notarial Deed (hereinafter referred to as “notarial deed of this case”) as stated in the purport of the claim that the Plaintiff recognizes compulsory execution.
2. The assertion and judgment
A. (1) The Plaintiff’s debt against the Plaintiff C is KRW 53 million.
In relation to the Defendant’s claim 13 million won against C, if the Notarial Deed in the name of the Plaintiff is not prepared, the Defendant would not supply even documents to C, and the Plaintiff as the Plaintiff prepared the Notarial Deed for the progress of construction.
From October 10, 2013 to July 5, 2014, the Plaintiff paid a total of KRW 55 million to C. As such, the Plaintiff’s obligation based on the instant notarial deed is nonexistent due to the extinguishment of all of the liabilities, and thus, the Plaintiff is seeking confirmation that there is no obligation based on the instant notarial deed.
(2) Since there is no amount of debt due to the instant notarial deed from the Plaintiff, there is no obligation due to the instant notarial deed.
B. In a lawsuit for confirmation of ex officio, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant to eliminate the anxiety and risk that exists in the Plaintiff’s rights or legal status (see Supreme Court Decision 2012Da67399, Feb. 15, 2013). The lawsuit for objection to a claim has executive title.