채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by D.
The Plaintiff asserts that there is no cost of KRW 5 million for vessel repair cost claim, which is the preserved right for provisional seizure against the vessel of 2016Kadan40,000, in relation to the Defendant’s Plaintiff, Gwangju District Court’s pure support, and sought confirmation of the absence of the above obligation.
In this regard, the defendant does not have the power of representation as the representative D or E, and the lawsuit of this case is defense that there is no benefit of confirmation.
D As of March 29, 2016, which was before the filing of the instant lawsuit, and E, July 12, 2016, respectively, resigned (B). As such, the instant lawsuit is unlawful as being instituted by a person without the power of representation.
In addition, the Defendant filed a lawsuit against the Plaintiff Company with the Busan District Court 2016Gaise 51367, and res judicata of the judgment dismissing the said claim is the same as the purpose to achieve by the instant lawsuit, and there is no benefit of confirmation.
Therefore, the instant lawsuit is dismissed as it is unlawful.