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(영문) 서울고등법원 2015.04.30 2014나23975
채무부존재확인 및 손해배상(기)
Text

1. The judgment of the first instance court, including any claims extended, reduced and added by this court, shall be modified as follows:

Reasons

1. The grounds for the court’s explanation on the premise of the facts and the gist of the Plaintiff’s assertion are as stated in “1. Basic Facts” and “2. Plaintiff’s assertion” in the judgment of the first instance, except for the modification of the corresponding part of the judgment of the first instance as follows. As such, this part of the judgment is cited in accordance with the main sentence of Article 420 of the

2 at the bottom of the two pages “L/C” shall be amended to “L/C” (L/C).

(b) modify “Plaintiffs” from 2 pages to “Plaintiffs”;

(c) “The issuer” of the 3rd two pages is “B” and “the date of issue and the date of payment shall be modified “.”

(d) To revise the three-dimensional four pages to “as of September 23, 2011,” “as of September 23, 201,” “as of September 23, 201” and “as of September 23, 201.”

(e) revise the 4th 10 parallels “(including paper numbers)” to “(including paper numbers; hereinafter the same shall apply)”;

F. From 4 to 7 pages, the phrase “goods price liability” shall be modified to read “goods price liability as indicated in the attached Form (hereinafter “instant goods price liability”).

2. Issues of the instant case

A. Whether there exists interest in confirmation of the instant lawsuit

B. Whether the Plaintiff’s obligation to pay the instant goods exists against the Defendant

C. Whether the defendant's liability for damages against the plaintiff was established

3. The judgment of this Court

A. Whether there exists interest in the confirmation of the instant lawsuit [Defendant's assertion] The Defendant appears to the purport that the Defendant received the seizure and collection order for the Plaintiff's claim against the third obligor based on the authentic deed on the Promissory Notes of this case, and the Plaintiff also contests the seizure and collection order. The Plaintiff asserts that seeking only confirmation of the non-existence of the instant promissory notes payment obligation without seeking confirmation of the non-existence of the instant promissory notes payment obligation, which is the basis of the instant authentic deed, is not appropriate means to resolve disputes between the Plaintiff and the Defendant once and ultimately, and thus, there is no interest in confirmation.

[Judgment] An objection suit is filed.

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