채무부존재확인
1. On the basis of the preliminary counterclaim added at the trial, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff). 16,100.
1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal of the corresponding parts as follows. As such, it refers to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The sixth written judgment of the first instance court shall add the following in the following manner:
[5] Furthermore, even if the Plaintiff and the Defendants concluded a partnership agreement, the Plaintiff and the Defendants are liable to compensate Defendant B for the amount of KRW 32,200,000 and the amount of delay damages for the amount of KRW 32,200,000 as a result of a commercial activity and is jointly and severally liable to the union members.
(The cause of preliminary counterclaim)
(b)in the fourth and fourth sentence of the first instance judgment, the following shall be added:
【Additional Part】 Even though Ghana did not conclude the partnership agreement between the Plaintiff and the Defendants, it is not sufficient to acknowledge that: (a) the Plaintiff guaranteed the principal invested in Defendant B by guaranteeing the principal of the investment; (b) the Plaintiff paid without any conditions regardless of the Plaintiff’s occurrence of business income; or (c) Defendant B paid the interest on the amount borrowed from another place to the Plaintiff; and (d) there is no other evidence to acknowledge otherwise. Ultimately, Defendant B’s primary counterclaim claim is not acceptable.
(c)be added to the following in the seventh sentence of the first instance judgment:
【Additional Part】 (1) In the event that multiple parties become joint debtors under the Civil Act and the Civil Act, the multiple debtors bear the installment obligations, unless there is any special declaration of intention. However, in the event of Defendant B’s preliminary counterclaim, the principle is that they bear the installment obligations.