채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff is a company that owns and leases construction equipment, such as scrapers that scrap rocks, and the Defendant is a company that engages in corporate bonds business with a trade name C.
B. On April 28, 2016, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter referred to as D) on the terms of the construction equipment listed in the annexed construction equipment list (which is a non-registered construction equipment; hereinafter referred to as the “construction equipment of this case”) within two years from the date of completion of the trial run, the rent of 18 million won per month, and the rent of Cheongju-gu E.
C. On June 27, 2016, the Plaintiff: (a) received a contract from D to July 1, 2016 to August 10, 2016 for construction works, which installed the said construction equipment from D; and (b) borrowed the shortage of construction cost from the Defendant.
On August 8, 2016, the Plaintiff borrowed KRW 65 million from the Defendant and borrowed it from the Defendant at the Defendant’s request, among the construction equipment listed in the annexed Table of Construction Equipment, which leased it to D in order to avoid restrictions under the Interest Limitation Act.
3. The Defendant sold shower (SH-1300) as indicated in the statement to the Defendant at the price of 65 million won, and the Defendant provided a security by entering into a sales contract and a lease contract with a monthly payment of 3850,000 won for the rent to the Plaintiff.
E. On August 8, 2016, the Plaintiff transferred the first interest 3.85 million won to the Defendant on August 10, 2016, among loans remitted from the Defendant on August 8, 2016.
F. On September 20, 2016, the Plaintiff additionally borrowed KRW 40 million from the Defendant, and the list of attached construction equipment at the Defendant’s request.
2. The Warsaw 1680, supra, was sold in the manner of entering into a contract with the content that the principal shall be KRW 40 million and the principal shall be KRW 20 million as interest for the six-month period, which shall be KRW 60,000,000.
G. The Plaintiff borrowed KRW 20 million from the Defendant on November 29, 2016, including KRW 10 million, and KRW 10 million on December 7, 2016, and the Defendant.