채무부존재확인
1. Defendant Korea Asset Management Corporation’s appeal is dismissed;
2. The costs of appeal are assessed against Defendant Korea Asset Management Corporation.
1. In the first instance court, the Plaintiff filed a claim seeking confirmation of the existence of the obligation with Defendant Republic of Korea as the primary defendant and Defendant Korea Asset Management Corporation as the primary defendant. The first instance court rejected the Plaintiff’s lawsuit against the primary defendant Republic of Korea, and accepted the claim against the conjunctive Defendant Asset Management Corporation.
Where one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim against other co-litigants is prevented, and it is subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). The part of the claim against the plaintiff's primary defendant's Republic of Korea pursuant to the appeal by the Minister of Land, Infrastructure and Transport is transferred to this court and included in the scope of adjudication.
2. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: "B. The plaintiff added "No. 5 and No. 6 of the judgment of the court of first instance" to "No. 6, 2010 to May 5, 2015, and rent was set at KRW 9,724,430 per annum, and the loan was concluded at KRW 9,724,430 per annum," and "No. 6, 2015" to "No. 3, 2015" to "No. 3, 2015," and "No. 5 and No. 6 of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance except for adding "No. 5 and No. 6 of the judgment of the court of first instance" to "No. 3, 2015."
3. In conclusion, the judgment of the court of first instance is just, and the defendant Korea Asset Management Corporation's appeal is dismissed.