1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to that part shall be dismissed;

2...

1. Basic facts

A. On February 15, 2013, Co-Defendant B of the first instance trial (hereinafter “B”) entered into a loan agreement with the Defendant (hereinafter “instant loan agreement”) and entered into a loan agreement prepared pursuant to the said agreement (hereinafter “instant loan agreement”).

However, the loan agreement prepared by B at the time stated that “the Plaintiff borrowed a total of KRW 35,00,000 from the Defendant for the loan interest rate of 28.9%, and the loan period of 36 months,” and the Plaintiff’s name was affixed the Plaintiff’s seal impression.

B. The Defendant reported the Plaintiff as the bad credit transaction partner on the ground that the Plaintiff was in arrears with the installment payment based on the instant loan agreement. The Plaintiff filed a complaint against B under the suspicion of forging Private Document, etc., and B was sentenced to imprisonment of one year and eight months in the first instance court.

[The grounds for recognition] The fact that there is no dispute, the entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings, which are all made by the Changwon District Court Decision 2013Da298, 1083 (Joint Division), 2014 Godan275 (Joint Division), 560 (Joint Division) decided January 5, 2015

2. Determination as to the legitimacy of the instant lawsuit

A. A lawsuit for confirmation is permissible at the time of the most effective and appropriate means to resolve the dispute, and where a creditor files a lawsuit for performance against a debtor and the debtor files a subsequent lawsuit for confirmation of the existence of an obligation against the creditor while the lawsuit is in progress, even though the purport of the lawsuit differs from that of the claim, the debtor may argue that the creditor does not have a claim against the debtor by seeking a judgment of dismissal of the claim in the performance lawsuit, so there is no benefit to seek confirmation that there is no obligation against the creditor separately, as such, there is no benefit to seek confirmation that there is no obligation against the creditor.

B. (See Supreme Court Decision 2001Da22246 delivered on July 24, 2001).

1. In full view of the purport of the entire pleadings in the statement Nos. 1 and 2 of this title, 1.