약속어음금
1. The part of the claim for confirmation of existence of an obligation, among the counterclaim, shall be dismissed;
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Defendant on 270.
1. On the other hand, ex officio determination as to the legitimacy of the part of the claim for the confirmation of existence of the obligation among the counterclaim, the defendant, as a counterclaim, requested confirmation of the absence of the obligation of the above promissory note as a counterclaim. The lawsuit for confirmation is allowed where there is a benefit to immediately determine the current rights or legal relations between the parties to the dispute. The counterclaim for the confirmation of existence of the obligation, which was filed based on the same legal relationship, was filed without the need to seek a positive judgment more than seeking a dismissal of the principal lawsuit, and is unlawful as there is no independent benefit as a counterclaim, since there is no independent benefit as a counterclaim.
2. Determination as to the claim on the principal lawsuit
A. Determination as to the cause of the claim is based on the following facts: (a) the Defendant issued one Promissory Notes (hereinafter “instant Promissory Notes”) to the Plaintiff on January 7, 201, at the face value of KRW 300 million; (b) the due date on April 30, 201; (c) the place of payment; and (d) the place of payment; and (e) the Plaintiff’s holder of the Promissory Notes to the Plaintiff (hereinafter “instant Promissory Notes”); or (e) the purport of the entire pleadings as to the statement of evidence No. 3; and (e) the Plaintiff was paid KRW 30 million from the Defendant on October 7, 201 as part of the instant Promissory Notes; and (e) the issuer of the instant Promissory Notes is liable to serve KRW 270,000,000,000,000, remaining after being paid to the Plaintiff and to pay KRW 2665,500,000,000,000,000 following the Defendant.
B. As to the judgment on the Defendant’s assertion, the Defendant, as to the instant bill, is the Plaintiff from the Sungwon Co., Ltd., the owner of the building.