채무부존재확인
1. Each appeal filed by the Plaintiff (Counterclaim Defendant) and the Plaintiff C is dismissed.
2.The costs of appeal shall be borne by each party.
purport.
1. The grounds for the judgment on this part of the grounds for appeal are as follows: (a) the part on “Defendant C” at the last two parallels of the judgment of the court of first instance as “Defendant C”; and (b) the part on “decision to trade” at the third parallels of the said judgment as “purchase,” except that the part on “the second parallels of the said judgment” is used as “the purchase,” and thus, it is identical to the part on “1. Basic Facts” under Article 420 of the Civil Procedure Act.
2. Judgment on the Plaintiff’s principal lawsuit and Defendant C’s counterclaim
A. The plaintiff asserts that the contract to establish the right to lease on a deposit basis of this case, which the plaintiff entered into with the defendant Eul, is null and void as the contract to establish the right to lease on a deposit basis without receiving the deposit money, in order to secure the balance of 150 million won of the contract to pay the plaintiff to the defendant Eul. (B) Therefore, in light of the fact that the right to lease on a deposit basis and the right to lease on a deposit basis are concurrently in the nature of the right to lease on a deposit basis and the nature of the right to lease on a deposit basis, and the delivery of the object is not a requirement for establishing the right to lease on a deposit basis, even if the parties primarily set the right to lease on a deposit for the purpose of securing the right to lease on a deposit basis and did not completely exclude the latter from taking advantage of the object at the same time as the right to lease on a deposit basis, the effect of the right to lease on a deposit basis can not be denied, on the other hand, if the payment of the right to lease on a deposit is an element of the right to lease on a deposit.