면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. We examine ex officio the benefit of confirmation of the lawsuit of this case.
A. Where a creditor has pending a lawsuit seeking the performance of an obligation against the debtor, the debtor can contest that the creditor does not have any claim against the debtor by seeking a judgment of dismissal of the claim in the lawsuit. Thus, there is no benefit to seek confirmation that the debtor does not have any claim against the creditor.
B. (See Supreme Court Decision 2001Da22246 delivered on July 24, 2001).
The defendant claiming the plaintiffs asserted that the plaintiff A borrowed KRW 30,00,000 from the defendant on December 19, 2001, and the plaintiff B jointly and severally guaranteed the above debt. However, the plaintiffs did not borrow the above money from the defendant, even if they borrowed the money, they fully repaid the above loan obligations, and even if they did not do so, the plaintiff A was 2012,3579, Daegu District Court on January 31, 2013, and the plaintiff B was granted each immunity exemption order under the 2012Hadan3578 of the same court on December 26, 2012, and thus, the plaintiffs did not bear the above obligation against the defendant.
C. The defendant filed a lawsuit against the plaintiffs for the above loan claim (hereinafter referred to as "related lawsuit"), and the first instance court (Seoul District Court 2005Kadan63860) (Seoul District Court 2005Dadan63860) (the plaintiff (the defendant of this case) was tried by public notice against the plaintiffs, and the judgment of winning the lawsuit was rendered on August 26, 2005.
After that, the plaintiffs were dissatisfied with the judgment of the first instance court of the relevant lawsuit, and filed an appeal for subsequent completion with the Daegu District Court 2015Na7891, and the appeal is currently in progress.
In the above appellate trial, the plaintiffs asserted that there is no obligation against the defendant and sought a decision to dismiss the claim.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
D. According to the above facts of recognition, the defendant's lawsuit seeking the payment of the above loan against the plaintiffs is currently pending in the appellate court.