채무부존재확인
1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim extended by this court, is as follows.
1. The reasoning of the court of first instance’s explanation as to this case is as follows, except where the court of first instance renders a dismissal of the corresponding part of the judgment of the court of first instance and added a judgment as to a counterclaim claim expanded by the defendant in this court, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure
2. The main part of the judgment of the first instance court No. 5, 1-3 of the judgment of the court of first instance (No. 3. A. 1) (A) is as follows.
[3] The amount that the Plaintiff is liable to compensate for to the Defendant is KRW 345,00,000 (i.e., the value equivalent to KRW 136,461,112, excluding the depreciation costs of the instant machine (i.e., KRW 188,538,888), 20,000,000 for special damages). (ii) The amount of money that the Plaintiff is liable to compensate to the Defendant is KRW 136,461,112.
3) 'A' or 'h' portion of paragraphs (a) to (d) shall be raised as follows:
【A) The Plaintiff asserts that the actual actor of the instant tort is C, and thus, the Defendant did not bear tort liability. The Defendant asserts that the Plaintiff is liable for tort liability pursuant to Articles 750 and 756 of the Civil Act by arbitrarily taking the instant machinery while withdrawing leased articles through C without undergoing lawful legal procedures.
B) According to the purport of Gap evidence Nos. 2, 5 and 7, and evidence Nos. 13-1, as a whole, and the purport of the whole pleadings, the execution officer must take them away from the debtor, and deliver the same to the creditor when the plaintiff has to deliver a specific quantity of the specific movable or substitute to an execution officer (execution of a request for delivery of movable property) under Articles 257 and 257 (Execution of Claim for Delivery of Movables) of the Civil Execution Act.
(i)in the absence of self-recursor's attempt to dispose of it, as the purchaser did not find it, it is classified as a red body equipment without any applicant for the purchase, and dismantles the scrap scrap and dispose of it. The scrapr is determined to do so and the scrapr.