채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
The plaintiff asserts as follows and seeks confirmation of the non-existence of the obligation.
In other words, on September 10, 2008, the Plaintiff borrowed KRW 90,000,000 from the Defendant on September 10, 2008 (hereinafter “the instant loan obligation”) with the industrial development as determined by the Plaintiff (hereinafter “fixed industry”), and ① the said loan obligation is divided, ② the Plaintiff repaid KRW 60,000 to the Defendant on August 12, 2009, and ③ the designated industry repaid a certain amount to the Defendant around that time.
④ After that, on September 2009, the Plaintiff agreed with the Defendant to pay KRW 16,00,000 to the Defendant and to fully repay the above borrowed amount with the repayment of the above borrowed amount.
Therefore, the Plaintiff is not liable to the Defendant for the instant borrowed money.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment from the defendant on the confirmation of facts against the defendant, in order to eliminate anxietys, risks, and risks that exist in the plaintiff's rights or legal status (see, e.g., Supreme Court Decisions 91Da14420, Dec. 10, 1991; 2012Da67399, Feb. 15, 2013; 2014Da227829, Sept. 10, 2015). While a lawsuit claiming performance against the debtor is pending, it does not have a benefit of lawsuit seeking confirmation of the absence of an obligation against the debtor as a separate lawsuit.
(2) In light of the above legal principles, the obligor’s claim for confirmation of non-existence of an obligation, based on the grounds before the closing of argument in the previous lawsuit claiming performance, is re-determined to the court’s ruling that is contrary to the content of the claim for performance established by the court’s ruling, after the judgment of lawsuit claiming performance against the obligor became final and conclusive.