채무부존재확인
1. The defendant received on July 7, 2009 from the Jeonju District Court Gunsan Branch on the real estate stated in the attached list to the plaintiff.
Basic Facts
From April 1, 1999, the Defendant served in a private company operated by the Plaintiff and was established on May 28, 199 by C Co., Ltd. (the former trade name is “C” hereinafter) (hereinafter “C”), and served in C from around that time to July 31, 2007, and was registered as C director on June 17, 2002.
The Plaintiff established E Co., Ltd. (hereinafter “E”) on August 27, 2007, and was appointed as the representative director on December 24, 2009. The Defendant served in E from January 1, 2009 to June 30, 2013, and retired on July 1, 2013.
As to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the Plaintiff completed the registration of the Gunsan Branch of the Jeonju District Court on July 7, 2009 and the registration of the establishment of the mortgage of KRW 55,000,000,000 for the Defendant as the maximum debt amount received on July 7, 2009.
(2) The Defendant received KRW 1,500,000 on June 30, 2013 each month from E to the payment of KRW 1,500,000,000, which was paid each month as salary.
After retirement, the Defendant alleged that “the Plaintiff, as the representative director E, did not pay the difference between the amount of retirement allowance and the amount of wages actually paid,” and that “the amount of wages that the Plaintiff would have to have been paid each month,” and that the Plaintiff paid KRW 8,892,970, which was calculated on September 16, 2013 by the Defendant on September 16, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 through 9, Eul evidence Nos. 1, 2, and 36 (including serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings, the plaintiff's assertion by the parties concerned regarding the purport of the whole pleadings, is likely to make it difficult for the defendant to pay retirement allowances, etc. due to unstable financial standing in the course of operation of E, and thus, the plaintiff's assertion by the parties concerned regarding the right to collateral security of this case concerning the real estate owned by the plaintiff to the defendant