채무부존재확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The fact that the payment order was issued on August 24, 2007 by the Seoul Southern District Court 2007 tea13512 to the effect that the plaintiffs and the defendant shall pay the defendant the price of 4,725,000 won for goods and delay damages therefor, which became final and conclusive between the parties or between the parties.
2. The assertion and judgment
A. The plaintiffs asserted that, on December 18, 2007, the non-party C, who had borne the obligations to the plaintiffs, exempted the plaintiffs from the obligation to pay the price of the goods of this case against the defendant, there is no obligation under the above payment order.
(b) "Assumption of an obligation" means a contract, the purpose of which is to maintain the identity of an obligation and to transfer it from the former obligor to an underwriter who is a third person, and the underwriter, due to the assumption of an obligation, assumes the same obligation as the former obligor by entering into a new obligation relationship with the former obligor after replacing the former obligor and simultaneously with the former obligor after withdrawing from the obligation relationship;
Therefore, in order for a third party to assume an obligation, pursuant to Article 453(1) of the Civil Act, it is clear that he/she takes over the obligation by a contract with the creditor, or in cases where he/she takes over the obligation by a contract with the debtor, such act may take effect with the consent of the creditor, and the third party merely expresses his/her intention to perform the obligation to the creditor, but the existing debtor cannot be deemed to have
C. In the instant case, according to the purport of Gap evidence No. 1 (the evidence No. 1) and the entire pleadings, it is recognized that C, on December 18, 2007, issued a letter of agreement that the defendant shall pay the defendant a debt of 4.5 million won to the defendant of the plaintiff A by December 20, 2007, and on this ground, the defendant filed a lawsuit against the defendant for the claim for each letter of claim against Eul and received a judgment in favor of the defendant.
However, the defendant.