채무부존재확인
1. The part of the lawsuit in this case concerning the confirmation of the existence of an obligation shall be dismissed.
2. The defendant's District Court in Incheon for the plaintiff.
1. The Plaintiff asserts that the liability of KRW 4,940,100 according to the decision of the Incheon District Court Branch Branch of the Incheon District Court for the Defendant was extinguished as a set-off, and sought a confirmation of the absence of the above obligation and exclusion of the enforcement force of the above decision.
As to the part of the Plaintiff’s lawsuit of this case regarding the confirmation of the existence of the obligation, the Plaintiff’s risk of the obligation due to the above decision is ultimately extinguished by excluding the executory power of the above decision. Therefore, it is not necessary to seek confirmation of the absence of the obligation pursuant to the above decision.
Therefore, the part concerning the confirmation of existence of the obligation among the lawsuit of this case is unlawful as there is no benefit of confirmation.
2. Determination on the part of the claim objection
(a) The following facts are not disputed between the Parties:
1) The Defendant filed a lawsuit against the Plaintiff for a demurrer under the Incheon District Court Decision 2015da27424, and received a favorable judgment, and filed an application for the determination of the amount of litigation costs under the Incheon District Court Branch Branch Decision 2016Kada1158, and the said court rendered a decision to determine the amount of litigation costs payable by the Plaintiff to the Defendant on October 25, 2016 (hereinafter “instant decision”).
(2) Meanwhile, on July 7, 2016, the Plaintiff filed a lawsuit claiming the amount of promissory notes with the Seoul Central District Court Decision 2016Da10979, and was sentenced to a favorable judgment against the Defendant (hereinafter “instant monetary judgment”) that “the Defendant jointly and severally with B to pay the Plaintiff KRW 80,000,000 and any delay damages therefrom,” and the instant monetary judgment became final and conclusive on July 22, 2016.
3) On November 2016, the Plaintiff notified the Defendant that the Plaintiff’s claim against the Defendant according to the instant monetary judgment and the Plaintiff’s obligation against the Defendant pursuant to the instant decision set-off on an equal amount.
B. According to the above facts of recognition, the plaintiff pursuant to the decision of this case.