채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
B Co., Ltd. (hereinafter “B”) drafted a credit transaction agreement (Evidence A; hereinafter “the instant credit transaction agreement”) which constitutes a credit limit of 3,500,000,000 on the date of the agreement that the Plaintiff is a joint and several surety (hereinafter “the instant construction office”) as the debtor, and the Plaintiff is a joint and several surety (hereinafter “instant construction office”).
The debtor's name and the corporate seal impression of the building office of this case are affixed to the debtor's letter of credit transaction agreement of this case, and the joint guarantor's name, address and seal impression are affixed to the plaintiff's name and the joint guarantor's name, and the minutes of the board of directors of the building office of this case held on the date of the agreement to conclude the credit transaction agreement of this case, and the plaintiff's identification card (motor vehicle driver's license)
The Gwangju District Court (2012Hahap1) declared bankruptcy on March 5, 2012, and appointed the defendant as the trustee in bankruptcy in B on the same day.
On July 23, 2012, the Defendant brought a lawsuit against the instant building office and the Plaintiff (2012Gahap62511 (Counterclaim)) claiming KRW 550,00,00, which is a part of the principal and interest of loan due under the instant credit transaction agreement, to the Seoul Central District Court (201Gahap6251 (Counterclaim), and the said court rendered a ruling dismissing the Defendant’s claim on May 3, 2013 on the ground that there is no evidence to acknowledge that B paid a loan to the instant building office.
On June 11, 2014, the Seoul High Court (2013Na36486) appealed the Defendant, and the Seoul High Court (2013Na36486) rendered a judgment to the effect that “the instant building office and the Plaintiff jointly and severally pay the Defendant KRW 550,000,000, and damages for delay thereof,” recognizing that B paid the loans to the instant building office in accordance with the instant credit transaction agreement.
(hereinafter referred to as “related judgment.” The above judgment is dismissed by the building office of this case and the Plaintiff’s appeal.