채무부존재확인
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 2009, the Defendant endorsed a promissory note (hereinafter “the Promissory note in this case”) that is composed of the issuer, D, and due date of payment, and then delivered the said note to the Plaintiff. < Amended by Presidential Decree No. 22035, Feb. 8, 2010>
B. On December 16, 2016, SCI Evaluation Information Co., Ltd., which was entrusted by the Defendant with debt collection business, notified the Plaintiff of the repayment of “3,781,553 won of loans owed to the Defendant” around the 20th of the same month.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. On September 2009, the Plaintiff’s main claim is entitled to obtain confirmation that there is no liability against the Defendant, as stated in the purport of the claim, since the Plaintiff merely delivered the Promissory Notes to the Defendant and notified the Defendant that the Plaintiff would make a discount of the Promissory Notes, upon the request of the Defendant to inquire about the place where the Promissory Notes may be discounted, and that it would make a discount of the Promissory Notes.
B. Around September 2009, the Plaintiff received the Promissory Notes at a discount from the Defendant’s counterclaim. As such, the Plaintiff sought payment of KRW 33,781,553, excluding the Plaintiff’s already paid KRW 6,985,00, from the face value of the Promissory Notes of this case.
3. In a lawsuit seeking confirmation of the existence of a monetary obligation for the claim on the principal claim, if the plaintiff, who is the debtor, denies the facts constituting the cause of the obligation by specifying the first claim, the defendant, the creditor, bears the burden of proving the facts constituting the elements of the right
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). According to the aforementioned legal doctrine, the health care room for this case, and the Plaintiff’s loan obligations against the Defendant with respect to the Promissory Notes in this case.