채무부존재확인
1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3.
1. The following facts may be found in full view of the respective descriptions of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1, 2, and 4 (including each other number for which there are serial numbers), and the whole purport of the pleadings:
On December 31, 2009, C Co., Ltd., a representative director of the Plaintiff, entered into a contract with the Defendant who operates the scrap metal sales business under the Plaintiff’s joint and several guarantee, to supply scrap metal, etc., which is the by-products of waste transformers remaining after refining, to the Defendant for three years from January 2010 to January 2013, 201, and to receive KRW 300 million from the Defendant as a security deposit.
On December 24, 2009, the defendant paid the above company KRW 50 million out of the deposit amount of KRW 300 million, and paid the remaining KRW 250 million on the date of the above contract.
On the other hand, on April 1, 201, the Defendant lent KRW 100 million to the said company as the purchase fund for closed voltages. On May 3, 2011, the Defendant paid KRW 100 million under the pretext of the increase of deposit money for the said scrap metal supply contract, and KRW 30 million under the same pretext on the 31st day of the same month.
B. On July 13, 201, the above company concluded a contract with the Defendant to increase the amount of supply of scrap iron, etc. again with the Plaintiff’s joint and several surety, instead of increasing the amount of supply of scrap iron, etc., to KRW 1 billion; KRW 530 million out of the above KRW 1 billion, which the Defendant paid in advance to the said company, KRW 30 million, KRW 100 million as of April 1, 201, KRW 100 million as of May 3, 201, KRW 30 million as of May 31, 201, and KRW 30 million as of May 31, 201, and thereafter, the Defendant paid the said company KRW 470 million as of July 20, 201, and KRW 17 billion as of July 25, 2011, KRW 700 billion as of each of the above companies.
C. However, around July 15, 2011, the above company failed to supply the agreed quantity as stipulated in the above contract, in addition to the supply of scrap metal, etc. equivalent to KRW 38,397,590 to the Plaintiff, the Defendant asserts that the above contract was rescinded at that time.