채무부존재확인
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasons for the judgment of the court of first instance other than using “witness” as “witness witness of the court of first instance” among the reasons for the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. The Plaintiff asserted that the Plaintiff merely entered into a contract for construction work of this case with F, and did not enter into a contract with the Defendants. Therefore, there is no obligation for construction work and material cost to the Defendants.
B. The judgment of this court 1) In a lawsuit seeking passive confirmation, if the plaintiff asserts that the cause of the right is first denied, the defendant, the right holder, bears the burden of asserting that there is a claim for the construction cost claim and material cost claim that the plaintiff did not exist (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Thus, the defendant, the right holder, should prove that there is a claim for the above construction cost claim and material cost claim that the plaintiff did not exist. 2) First of all, the following circumstances, i.e., ① the subcontract agreement of this case (Evidence A) of this case, did not enter into a contract by refusing to accept the contract in the G designated as the contractor, ② the plaintiff and F agreed that the construction work will be executed in the form of direct payment to the construction business operator through a separate consultation, ③ the plaintiff, the construction business operator, and ④ the plaintiff and the construction business operator who did not directly transfer the contract price to the construction business operator.