채무부존재확인
The appeal by the plaintiff (Counterclaim defendant) is dismissed.
The expenses for appeal shall consist of the principal lawsuit and the part resulting from a counterclaim.
1. From the first instance court’s trial scope, the Plaintiff filed a claim for confirmation of the status of the trustee of the instant facility B, and filed a claim for the return of the loan with the principal lawsuit. The Defendant filed a claim for the payment of facility reserve, illegal expenditure, overdue electricity and sewerage charges, and member usage fees after the expiration of the period of entrustment. The court of the first instance accepted the Defendant’s counterclaim, among the counterclaim, the Defendant’s facility reserve, overdue electricity and sewerage charges, and member usage fees after the expiration of the period of entrustment, and dismissed the Plaintiff’s principal lawsuit and the Defendant’s remainder of the counterclaim.
Therefore, only the plaintiff appealed against the part of the claim for the return of the principal lawsuit and the part of the counterclaim against the original lawsuit (the plaintiff appealed against the part of the first instance judgment dismissing the plaintiff's claim for the confirmation of the status of the trustee of the facility B of this case among the main lawsuit of this case, but this part of the appeal was withdrawn through the preparation document submitted to this court on November 6, 2020). The scope of the judgment of this court is limited to the claim for the return of the principal lawsuit, the deposit of the counterclaim facilities, the overdue water supply and sewerage charges, the overdue water supply and sewerage charges, and the part
2. The Plaintiff’s argument in the grounds of appeal cited in the judgment of the first instance does not differ significantly from the allegations in the first instance court. Even if the evidence submitted in the first instance court and the additional evidence submitted in this court are reviewed together with the Plaintiff’s assertion, the Plaintiff did not have a duty to repay the amount of loss the Plaintiff appropriated for the loan to the Plaintiff in relation to the operation of the instant B facilities. Meanwhile, the Plaintiff all dismissed the Plaintiff’s claim on the grounds that the Plaintiff is obliged to pay the Defendant the facility deposit, overdue electricity and sewerage charges, and membership fees after the expiration of the period of entrustment, and the fact recognition and judgment of the court of the first instance that partially accepted the Defendant’s counterclaim is justifiable.
Therefore, this Court's decision is related to this case.