beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is currently retired while serving as the employee of the Defendant.
B. The Plaintiff obtained a loan of KRW 20 million from the Defendant (hereinafter “instant first loan”) on March 28, 2001.
② On May 4, 2001, a loan of KRW 50 million (hereinafter “instant second loan”) was granted and repaid the debt of the instant first loan on the same day.
③ On June 1, 2006, a loan of KRW 40 million (hereinafter “instant third loan”) was granted and repaid the debt of the instant second loan.
④ On August 18, 2010, a loan of KRW 40 million (hereinafter “instant fourth loan”) was granted and repaid the debt of the instant third loan on the same day.
C. As of February 23, 2015, the loan balance that the Plaintiff is obligated to pay to the Defendant according to the instant loan No. 4 is KRW 20 million.
[Reasons for Recognition] A without dispute, entry of evidence Nos. 4-12, the purport of the whole pleadings
2. The Plaintiff’s employee C was subject to criminal punishment due to occupational embezzlement, and the amount of embezzlement not returned to the Defendant was KRW 60 million.
D, E, and Plaintiff (hereinafter “Plaintiff, etc.”) loaned KRW 20 million from the Defendant to recover damage, and the Defendant agreed not to hold the Plaintiff, etc. liable for the obligations of the Plaintiff, etc. (hereinafter “instant agreement”).
Therefore, there is no obligation of KRW 20 million to the defendant according to the second loan of this case against the defendant.
3. We examine ex officio the lawfulness of the instant lawsuit ex officio determination as to the legitimacy of the lawsuit.
Since the fact that the Plaintiff fully repaid the instant second loan is identical to the foregoing, the instant lawsuit is unlawful as there is no benefit to seek confirmation.
4. The plaintiff's assertion that there is no obligation of KRW 20 million under the instant loan No. 4, which is the final loan, since the defendant agreed not to hold the plaintiff liable for the instant loan No. 1 against the plaintiff.