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1. It is confirmed that the Plaintiff’s obligation to pay KRW 27,00,000 to the Defendant was nonexistent on May 26, 2014.
2.
Reasons
1. Determination on the defense prior to the merits
A. On May 26, 2014, the Plaintiff asserted that the Defendant did not borrow KRW 27,000,000 from the Defendant and sought confirmation of the absence of the foregoing loan obligation.
B. On May 26, 2014, the Defendant: (a) leased KRW 8,400,000 out of the lease deposit under the name of the Defendant for the lease deposit of KRW 35,00,000,000 from No. 35,000 from No. 35,00,000 in the name of the Defendant; (b) the remainder was borne by the Plaintiff; and (c) the Plaintiff had the Plaintiff in an internal relationship reside in the above loan; (d) the Defendant is not the party to the said lease; (b) the lessee is only entitled to receive a refund of the lease deposit from the lessor; and (c) on May 26, 2014, the Defendant merely lent KRW 27,00,000 to the Plaintiff. Therefore, the Plaintiff’s lawsuit of this case
C. It shall be deemed that there is no legal uncertainty in the absence of any dispute between the parties with respect to the right relationship in the market. However, if the defendant contests the right relationship and filed a lawsuit for confirmation by the plaintiff, and the defendant asserts the right relationship in the lawsuit in question, barring any special circumstance, it shall not be deemed that there is no benefit in confirmation only on the ground that the defendant does not dispute the right relationship (see, e.g., Supreme Court Decision 2008Da74130, Jan. 15, 2009). In doing so, the defendant claimed confirmation of the non-existence of the right relationship before filing the lawsuit, and the defendant does not dispute the right relationship in the lawsuit in question.
As to the instant case, comprehensively taking account of the overall purport of the pleadings in the statement No. 3, the Defendant’s repayment of the loan up to June 30, 2015, on the ground that the Defendant lent KRW 27,000,000 to the Plaintiff on April 13, 2015, which was prior to the Plaintiff’s filing of the instant lawsuit, to the Plaintiff on May 26, 2014, on the ground that the Defendant lent KRW 27,00,000 to the Plaintiff.