채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff received a certificate of personal seal impression and a certificate of personal seal impression from C and received it.
B. C, using a certificate of personal seal impression and a certificate of personal seal impression issued by the Plaintiff, drawn up a letter of payment as of December 7, 2007 with the Defendant as receiver (hereinafter “instant letter of payment”).
The letter of the instant payment states that D, C, E, and the Plaintiff as each letter shall pay 50 million won to the Defendant until the end of June 2008, and shall provide the Defendant with the land 15,670m2 at Jeju to secure this.
C. On November 10, 2016, the Defendant entered into a contract with G to transfer claims under the instant payment note, and notified the Plaintiff of the fact on November 2016.
G issued a peremptory notice to the Defendant on November 21, 2016 to repay the borrowed amount (which means KRW 550 million above the letter of payment in this case) on the ground that the Defendant acquired the claim under the said letter of payment in this case under the said letter of payment transfer and takeover contract.
E. Meanwhile, on March 31, 2018, G filed a lawsuit seeking the payment of loans equivalent to KRW 550 million against each other, including the Plaintiff, on the other hand, on March 31, 2018, in which the instant lawsuit is pending.
(The Daejeon District Court 2018Gahap102052 case). [Grounds for recognition: the fact that no dispute is raised, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings]
2. Determination as to the existence of interest in confirmation
A. The Plaintiff’s assertion constitutes an appropriate means for the Plaintiff to check the authenticity of the instant payment memorandum to remove the risks or apprehensions associated with the Plaintiff’s current rights or legal status, and thus, the instant lawsuit constitutes interest in confirmation.