채무부존재확인
1. As to KRW 109,778,881, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff), KRW 137,721,361, among them, and KRW 109,778,881.
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. On June 2007, the Plaintiff engaged in a partnership and landscaping business. Around June 2007, a representative in the name of the Plaintiff shall be the Plaintiff; (b) the actual operation of the Plaintiff shall be the Plaintiff; and (c) the initial opening funds for acquiring a corporation with actual performance shall be borne by the Plaintiff; and (d) paid KRW 300 million to B by January 2008.
Accordingly, B decided to acquire C(former D) corporation, and received the Plaintiff’s seal impression and the Plaintiff’s seal impression certificate necessary for the registration of change of the corporation from the Plaintiff.
B. B, around January 2008, the Plaintiff kept the certificate of personal seal impression acquired from the Plaintiff for the registration of change of a corporation. B, at the time of signing and submitting an agreement for business transactions with the Defendant, preparation of joint and several surety entry-related matters, and all other acts related to the agreement with the Defendant, the power of attorney was delegated to C Accounting Staff E, and E as to the remainder of the certificate of personal seal impression received from the Plaintiff for the registration of change of the said power of attorney and the corporation, E and E agreed to the guarantee limit of 2,136,860,000 on January 18, 2008 and the contract period from January 18, 2008 to January 17, 2011 in the name of the Plaintiff as to the obligation of joint and several liability owed by C to the Defendant.
C. Meanwhile, the Plaintiff received a request from B to require an account and an authorized certificate in the name of the Plaintiff, the representative director, for the operation of C, and the Plaintiff opened the Japanese bank account on January 17, 2008 and obtained an authorized certificate for Internet banking.
B Upon the expiration of the original limit transaction agreement, the Financial Accounting Service F, changed on February 21, 201, using an authorized certificate that was issued by the Plaintiff as above, renew the guarantee limit of KRW 1,868,460,000 between C and the Defendant, and renew the contract period from February 21, 201 to February 20, 2014.