채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The grounds for this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion 1) The rescission of a loan for consumption and the Plaintiff’s restoration to its original state agreed to borrow KRW 40,00,000 from the Defendant pursuant to the instant loan for consumption, but was actually paid KRW 10,00,000 by the Defendant. Meanwhile, the Defendant, on December 30, 2015, conducted an auction procedure on the instant forest by executing the instant mortgage on December 30, 2015, and clearly refused to perform the obligation to pay the remainder of the loan to the Plaintiff pursuant to the instant loan for consumption, the Plaintiff’s rescission of the loan for consumption with the delivery of a copy of the application for modification of the purport of the loan and the cause of the claim as of February 17, 2017, without the notice of performance of the said obligation. As seen earlier, the Plaintiff all performed the obligation to restore the loan for consumption with the legal interest rate of KRW 10,000,00 and the amount of the principal of the loan and the obligation to receive the loan pursuant to the instant loan for consumption.
The Plaintiff returned 10,00,000 won received by the Defendant under the loan agreement of this case, which is null and void for the Defendant, and the statutory interest thereon. Therefore, the Plaintiff’s obligation against the Defendant under the loan agreement of this case is nonexistent.
3. The Plaintiff extinguished its repayment pursuant to the loan agreement of this case.