채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Under the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the grounds of the judgment of the court of first instance (from 2, 8, to 5, 6) shall be cited as the grounds of this judgment.
However, five pages 5 of the first instance judgment "A 1 through 3, and 5" shall be "A 1 through 3, 5 through 15, and 17", and six parallels "H's testimony" shall be "C's testimony".
2. The plaintiff's assertion asserts that compulsory execution based on the notarial deed of this case should not be allowed for the following reasons.
1) The loan agreement of this case was concluded in order to secure the obligation under the loan agreement of this case against D's Hyundai Capital. Thus, the loan agreement of this case is subordinate to the obligation in that it is the means to repay the loan of this case, which is the secured debt. In other words, if there is no secured debt, the loan agreement of this case cannot be concluded, and when the secured debt is extinguished, the loan agreement of this case is terminated. However, on March 14, 2016, the plaintiff fully repaid the loan of 61.2 million won (the total amount of loan 51 million won and interest thereon) and the secured debt guaranteed by the loan contract of this case. Accordingly, even if D transferred the obligation of this case to the defendant under the loan agreement of this case, the principal loan agreement of this case was extinguished for the purpose of transferring the secured debt of this case to the defendant under the loan agreement of this case, and the principal loan agreement of this case was extinguished for the purpose of 100 million won (the secured debt of this case).