채무부존재확인
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim raised at the trial.
1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is stated in accordance with the main sentence of Article 420 of the Civil Procedure
2. The parties' assertion
A. The Plaintiff asserted that the Defendant had the outstanding credit amount of KRW 283,809,50 as of October 29, 2013, even though the Plaintiff paid the Defendant the total payment of the outstanding credit amount to the Defendant.
This is based on the sales account book prepared by D, which was an employee of the defendant, to conceal the crime of his/her breach of trust, and there was no supply of the same thing as the actual statement, so there is no credit outstanding amount equivalent to the above amount of the plaintiff's credit outstanding to the defendant.
In addition, the defendant asserts that the plaintiff is liable to pay the outstanding credit amount of 423,388,660 won to the defendant in the trial, and that the plaintiff is not liable to pay the outstanding credit amount of 423,38,660 won.
B. From May 11, 2010 to March 29, 2013, the Defendant asserted by the Defendant supplied the Plaintiff with 1,690,808,930 won (i.e., total transaction amount of KRW 2,165,595,750- virtual sales amount of KRW 474,786,820 on the sales account) (i.e., total deposit amount of KRW 2,131,789,910- virtual sales amount of KRW 474,786,820 (the money transferred from D’s borrowed account to the Defendant) to the Defendant’s account; and (ii) the Plaintiff transferred only 1,267,420 won to the Defendant’s above sales amount of KRW 1,267,420 (the money transferred from D’s borrowed account to the Plaintiff to the Plaintiff’s account); and (iii) the amount transferred from KRW 389,582,820 (the money transferred to the Plaintiff’s account to the Plaintiff’s account).
Therefore, the Plaintiff bears the credit outstanding amount of KRW 423,38,660 (i.e., KRW 1,690,808,930-1,267,420,270) against the Defendant. The Plaintiff is obliged to pay the credit outstanding amount and damages for delay on credit to the Defendant.
3. Determination
A. In a lawsuit seeking confirmation of non-existence of monetary obligation, the obligor is the obligor.