채무부존재확인
1. The principal lawsuit in this case was terminated on October 20, 2018 as deemed withdrawal of the lawsuit.
2. The plaintiff (Counterclaim defendant) is jointly employed.
1. The Plaintiffs did not appear at all on the date for the first pleading ( August 27, 2018) and the date for the second pleading ( August 11, 2018), and the date for the third pleading ( September 19, 2018) even after being notified of the legitimate date for the pleading by this Court. The Defendant’s attorney appeared at all on the said date, but did not present at the first pleading on the date for the pleading; on the third pleading, the facts presented only on the counterclaim without pleading on the main pleading are apparent in the record. Accordingly, the Plaintiffs’ principal lawsuit was withdrawn by failing to file an application for designation of the date from September 19, 2018 to October 19, 2018, pursuant to Article 268(2) of the Civil Procedure Act.
However, since the main lawsuit remains formally until the date of the declaration of this decision, the declaration of termination of lawsuit is made in order to clarify that the lawsuit is terminated.
2. On August 10, 2015, the facts stated in attached Form No. 1 and the facts that the defendant paid the recovery amount of KRW 187,778,720 to the Korea Land Information Corporation (the Korea Land Information Corporation prior to the change) on August 10, 2015 can be acknowledged by adding the whole purport of the pleadings to the written evidence Nos. 1 through 11 (including the serial numbers). As such, the plaintiffs by deceiving the defendant, obtained pecuniary benefits equivalent to KRW 108,387,357, and suffered damage equivalent to the same amount.
[Y] Even if the defendant does not directly incur loss due to the above unlawful act, the plaintiffs have a duty to comply with the defendant's claim, at least as long as the defendant paid the money acquired by deceit as the amount to be recovered to the Korea Land Information Corporation. Therefore, the plaintiffs are jointly and severally liable to comply with the defendant's claim. (i) 60,976,909 won (= 108,387,357 won - 47,410,448 won already received as insurance money) and the following day after the delivery of the copy of the counter-claim of this case that the defendant seeks after the date of the tort.