채무부존재확인
1. Of the judgment of the court of first instance, the part concerning the principal lawsuit by the plaintiff (Counterclaim defendant) C shall be revoked, and the principal lawsuit by the plaintiff (Counterclaim defendant) C shall be revoked.
1. The parties' assertion
A. The plaintiffs asserted that they did not conclude a loan contract as alleged by the defendant with D Bank, Inc., Ltd. (hereinafter "the Savings Bank of this case"). around 2008, the plaintiffs issued the documents related to the loan to E employees of the Savings Bank of this case under the name of confirming whether the loans can be granted in the Savings Bank of this case. The employees who received the direction of F by the representative director of the Savings Bank of this case used this to forge the loan transaction agreement in the name of the plaintiffs.
Therefore, since each of the loans owed by the Plaintiffs against the savings bank of this case does not exist, it is sought to confirm, as a partial claim, that each of the loans obligation does not exist within the scope of KRW 50 million.
Even if all of the loan contracts between the plaintiffs and the savings bank of this case are valid, F and its employees, the representative director of the savings bank of this case, by forging the loan transaction agreement in the names of the plaintiffs, minutes of the board of directors, etc. and by deceiving them as if they were a normal loan, have used the loan, thereby causing damages equivalent to the amount of the claim for return of loan to the plaintiffs. Thus, the savings bank of this case is liable to compensate the plaintiffs for tort committed by the representative and employees, and the defendant is liable to compensate the plaintiffs as the general successor of the savings bank
Therefore, the plaintiffs set off against the defendant's claim for the return of loans against the plaintiffs in the amount equal to that of the plaintiffs.
B. The Defendant’s assertion that the savings bank of this case entered into a credit transaction agreement with the Plaintiff A on January 7, 2009, with a maximum of KRW 7.1 billion, the expiration date of the credit, the interest rate of KRW 12% per annum on July 7, 2009, and the interest rate of KRW 25% per annum on delay damages (hereinafter “instant first loan agreement”), ② the credit limit of KRW 3.2 billion on January 30, 2009, and the expiration date of the credit period. < Amended by Act No. 9327, Jan. 30, 2009>