채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. When the Plaintiff’s assertion entered into a monetary loan agreement with the Defendant on June 24, 2016 on a loan for consumption against 100 million won, the Plaintiff offered 50% of the shares of the Plaintiff and D in relation to the shares of the Co., Ltd. as security, and thereafter, the Plaintiff fully repaid 100 million won from August 3, 2016 to November 11, 2016.
Therefore, the defendant must confirm that there is no debt of 100 million won based on a monetary loan agreement against the plaintiff.
2. The defendant's assertion that 82 million won was already paid out of 100 million won, and there is no dispute as to whether there is no obligation to pay the said money.
The remainder 18 million won is that the Defendant paid to the Plaintiff as the purchase price of shares, not the obligation to return to the Plaintiff.
3. Determination
A. Since the Defendant also recognized the absence of an obligation of KRW 82 million, there is no benefit to seek confirmation of the absence of an obligation.
B. The Defendant also recognized that the amount of KRW 18 million is not the obligation to return the money to the Plaintiff, since there is no means to conclude a monetary loan agreement with respect to KRW 18 million.
In other words, there is no benefit to seek confirmation of non-existence of the obligation to return the money.
4. According to the conclusion, the instant lawsuit is inappropriate as there is no benefit of confirmation, and thus, it is so decided as per Disposition.