채무부존재확인
1. The part of the judgment of the court of first instance concerning the claim for the confirmation of existence of an obligation shall be modified as follows.
1. In the first instance court within the scope of the judgment of this court, the plaintiff filed a counterclaim against the defendant for confirmation of the non-existence of a loan obligation based on a notarial deed and for payment of purchase price of shares sold by the plaintiff to the defendant. The defendant filed a counterclaim against the plaintiff for the payment of a loan against the plaintiff. The court of first instance partly accepted the claim for confirmation of existence of the debt among the principal claim, accepted the claim for the payment of purchase price of shares in whole (Provided, That part of the claim for the delay
In this regard, the plaintiff only appealed against the dismissal part of the claim for the confirmation of existence of the obligation and the cited part of the counterclaim. Thus, the subject of adjudication in this Court is limited to the part of the claim for the confirmation of existence of the obligation and the part of the counterclaim.
2. Basic facts
A. (1) The Plaintiff is a party’s status 1) from March 24, 2014 to June 5, 2015, G Co., Ltd. G Co., Ltd., a company operating real estate leasing business, real estate sales business, etc., was changed to F on November 17, 2016 (hereinafter “former G”).
(2) On June 24, 2016, the former G was merged with D Co., Ltd. (hereinafter “former D”) that is a company operating the comprehensive building management business, etc. on the part of the former G on August 20, 2013, and on July 21, 2016, the Defendant merged the former E Co., Ltd. (hereinafter “Gu E”) that was a company operating the artificial fishery, etc. on the part of the former G.
The defendant served as the representative director of each of the above companies before the dissolution of the merger between the Gu and D.
B. The Plaintiff’s loan 1) The Plaintiff borrowed money from the Defendant around 2014, as indicated in the old G, Gu D and Gu E’s share acceptance funds, and each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
) A total of KRW 340,000,000 was borrowed as the purchase price for sale (hereinafter “the loan obligation of this case”).
(ii) 2.