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1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. The defendant's Suwon District Court against the plaintiff.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;
3. Partial rejection of a lawsuit is permitted when the Plaintiff’s right or legal status is in danger and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 2000). The Defendant attached a certificate of borrowing the purport of the claim to the Plaintiff when claiming a loan against the Plaintiff, and the decision of performance recommendation as stipulated in Paragraph (2) of the Disposition became final and conclusive due to the Plaintiff’s lack of objection.
However, the ultimate purpose of the claim for the confirmation of the existence of a debt among the lawsuits in this case is to exclude the defendant from compulsory execution on the property owned by the plaintiff with the execution title of the decision of performance recommendation. Therefore, it is sufficient for the plaintiff to file a lawsuit of objection against the defendant in order to achieve the above objective, and there is no benefit to seek confirmation of the absence of a debt based on the above loan certificate. Therefore, the part of the claim