채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The plaintiff's lawsuit of confirmation on the authenticity of an instrument added in the trial shall be dismissed; and
3...
1. Basic facts
A. The Plaintiff and B are married couple.
B. On May 3, 2001, B drafted a loan transaction agreement by borrowing KRW 11,200,000 from the Defendant from May 3, 2001 to May 3, 201, at the rate of 6.5% per annum from May 3, 2011 to May 3, 2006.
C. On May 3, 2001, B borrowed the above money from the Defendant, and requested guarantee to the National Agricultural Cooperative Federation management institution of the Agricultural Cooperative Federation of Farmers and Fishermen Credit Guarantee Fund (hereinafter “the Agricultural Cooperative Federation”) by submitting a credit guarantee statement stating the Plaintiff as the debtor and the joint guarantor.
On May 3, 2001, the National Agricultural Cooperatives Federation issued a credit guarantee certificate which is set forth as the guarantor B, the guarantee period loans, the loans with low interest rates in loan subjects, the special funds for reduction of liability 2001, and the individual guarantee of guarantee method, and guaranteed the above debt against B under the joint and several guarantee of the plaintiff.
E. B forfeited interest on the above loan due to delay, the Defendant filed a claim with the National Agricultural Cooperative Federation for the performance of the guarantee, and accordingly, the National Agricultural Cooperative Federation subrogated KRW 13,590,170 to the Defendant on April 30, 2003 as a result of the performance of the guarantee obligation on the credit guarantee side loan.
F. On May 25, 2016, the National Agricultural Cooperative Federation filed a lawsuit for indemnity against the Plaintiff. On May 25, 2016, the Daegu District Court rendered a judgment that “the Defendant (the Plaintiff of this case) shall jointly and severally with the Plaintiff (the National Agricultural Cooperative Federation) to pay 37,180,925 won and 12,190,170 won among them, 12% per annum from March 15, 2016 to March 30, 2016, and 20% per annum from the next day to the date of full payment ( Daegu District Court 2015Na8078) to the Plaintiff, and the said judgment became final and conclusive as it is, as it was, by dismissing the Plaintiff’s appeal on September 30, 2016.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 and 13, and the purport of the whole pleadings
2. The interest in confirmation in the determination of the claim for the confirmation of the existence of the obligation and in the action for confirmation.