채무부존재확인
1. It is confirmed that the Plaintiff’s obligation to pay KRW 569,00,000 to the Defendant does not exist.
2...
1. The plaintiff asserts that the defendant did not work as a school employee of the plaintiff or that the plaintiff did not promised to pay wages to the defendant. The plaintiff asserts that the defendant did not have an obligation to pay wages, etc. against the defendant.
As to this, the defendant asserts that since November 1, 2007, the defendant was appointed and worked as the head of the "A University Normal Group Emergency Countermeasure Committee" established by the defendant as the plaintiff's founder in order to normalize the plaintiff, and the plaintiff was given the payment of the plaintiff's benefits upon normalization. On August 1, 2008, the plaintiff was appointed as the head of the plaintiff's external cooperation and was in charge of the plaintiff's civil criminal affairs. Thus, the plaintiff is obligated to pay the defendant, who is the plaintiff's faculty member, the amount of benefits from November 1, 2007 to June 31, 2012 (the amount of KRW 8 million to KRW 10 million a month), retirement allowances, consolation money, legal costs, etc.
2. Determination
A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, has asserted to deny the fact that the cause of the obligation occurred by specifying the first claim in advance, the defendant, the creditor, bears the burden of assertion and proof as to the elements of the legal relationship.
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). B.
According to the facts in which there is no dispute between the parties and evidence Nos. 1, 2, 2, 2, and 3-1, 2, and 5 of the evidence Nos. 1, 1, 2, and 1, 5 of the evidence Nos. 1, 1, 1, 2, and 3 of the above case, ① dispute over the management rights of the plaintiff between C and D employed as the plaintiff's founder and the plaintiff's instructor, and C was subject to a provisional disposition prohibiting entry into and departure from the plaintiff, and C and their children were established on Nov. 1, 2007, "A University Normal Group Emergency Countermeasure Committee" on Nov. 1, 207, the defendant was appointed as the chairperson of the emergency measures, ② the defendant returned back to the plaintiff, and the defendant was appointed as the director of the foreign cooperation division by the plaintiff on Aug. 1, 201, ③ the defendant thereafter.