채무부존재확인
1. On May 4, 2015, the Plaintiff (Counterclaim Defendant) entered into a general lease agreement (contract number D) with the Defendant (Counterclaim Plaintiff) on May 4, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Plaintiff is a company that manufactures and sells a stilling machine with the reduction of the decline. The location of its head office is the Daejeon Seo-gu E. 2) The Defendant is a company that provides facility leasing services.
B. F and the Defendant’s facility leasing contract 1) B (mutual)(B)(mutual) are the ZEUS-1350 V, 13, hereinafter “instant machinery”) produced by the Plaintiff from F (mutual G)
(2) On May 4, 2015, the Defendant entered into a contract for facility leasing (lease) with the content that the Defendant purchased the instant machinery from F and then the Defendant agreed to lease the said machinery by setting the monthly rent of KRW 6,096,700 and the period of 36 months to B.
(hereinafter “Lease Agreement”). On May 4, 2015, the Defendant paid F the amount of KRW 168,000,000 (i.e., acquisition value of KRW 280,000,000), which is a part of the price of the instant machinery, to F.
3) In the lease contract, the Plaintiff is indicated as a joint and several surety for the Defendant B (hereinafter “instant joint and several surety contract”).
c. (1) B terminated of the lease agreement: (c) 30,000 monthly rent was paid; and (c) thereafter, the rent was not paid.
2) On October 6, 2015, the Defendant notified the Plaintiff of the termination of the lease agreement on the grounds of delay in paying monthly rent, and notified the termination of the lease agreement on October 21, 2015. 3) The Defendant’s obligation against the Defendant following the termination of the contract is KRW 173,304,518.
[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 9, 14, 32, Eul evidence Nos. 1 and 2 (including branch numbers), and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff did not jointly and severally guarantee the Defendant’s obligation under the lease agreement.
shall seek confirmation of the existence of the obligation.
B. The Plaintiff’s joint and several sureties’s business director H and A/S team leader F in collusion with the Plaintiff’s business director H and the Plaintiff’s debt.