채무부존재확인 등
1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit and counterclaim and the request for return of the provisional payment are all dismissed.
1. The Defendant issued a check number G of the Plaintiff’s check number G,Ycheon-gun, Jeoncheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the Plaintiff, the issuer, H, face value, and the issue date of the check at KRW 200 million on November 18, 2013, and issued the check at KRW 200 million on which the issue date is supplemented on November 18, 2013 (hereinafter “the check before the supplement”), and issued a check before the supplement, and issued a check after the supplement on which payment was refused on the grounds of restricting payment, and the fact that the payment was refused on the grounds of suspension of payment is either disputed between the parties, or that the entries in Gap evidence 2-1, 2, and 3 (the Plaintiff is unjust to supplement the face value and the issue date of the check after the supplement in this case by the Defendant, but it is difficult to recognize the purport of the entire pleadings as follows, based on the overall purport of paragraph (4).
2. The parties' assertion
A. On July 26, 2013, the Defendant asserted that: (a) lent KRW 200 million necessary funds to C Co., Ltd. (hereinafter “C”); (b) which F serves as the representative director; (c) as security, the Defendant was issued two promissory notes with a face value of KRW 100 million issued by Minedong Development Co., Ltd. (hereinafter “Miningdong Development”) as the Plaintiff’s husband, as the Plaintiff’s husband; and (d) issued the supplementary checks.
However, although the defendant presented two copies of the above Promissory Notes to each payment date, it did not receive the payment due to the suspension of payment.
Accordingly, the Defendant presented a payment proposal by supplementing the date of issuance to November 18, 2013, on the check before the supplement of this case as KRW 200,000,000, but failed to receive the check.
Therefore, the Plaintiff is obligated to pay KRW 200 million and delay damages to the Defendant.
B. On April 18, 2013, the Plaintiff asserted that the Defendant borrowed KRW 50 million from the Defendant, and as security, the Defendant is entitled to KRW 50 million at the face value of C’s issuance.