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(영문) 서울남부지방법원 2017.10.13 2015가합112390
채무부존재확인
Text

1. All of the lawsuits filed by the plaintiff (Counterclaim defendant) and the plaintiffs are dismissed.

2. The plaintiff (Counterclaim defendant) is the opposing defendant.

Reasons

1. As to the legality of the Plaintiff (Counterclaim Defendant)’s principal lawsuit and the Plaintiffs’ lawsuit

A. Upon filing a lawsuit on December 31, 2015, the Plaintiff (Counterclaim Defendant) and the Plaintiffs paid only KRW 589,500 as the number of debts subject to confirmation of non-existence was not specified, and the lawsuit was proceeding on October 27, 2016, and partially withdrawn the part of the first claim filed on October 27, 2016 (limited to the obligation to pay rental fees relating to the sound exerciser and electric sirens).

3. The purport of the claim that specifies the obligation subject to confirmation of non-existence, such as the statement in the statement of “the purport of the claim,” and the fact that this court issued an order to make payment of KRW 2,177,800, which falls short of the same date, within seven days, is clear that the fact that the Plaintiff (Counterclaim Defendant) and the Plaintiffs received permission by filing an application for extension of the deadline for payment of stamp by December 31, 2016, even though they did not pay the stamp by December 31, 2016.

B. Under the main text of Article 18-2 of the Rules on the Stamps of Civil Litigation, etc., where the amount of debts to be verified is not specified in a lawsuit for the confirmation of the existence of an obligation, 50,000 won shall be the value of the provisional subject of litigation equivalent to “the litigation cannot be calculated as a lawsuit on property rights” and the corrective measures shall be taken to make additional payment of stamps where the amount of debts to be verified is specified in the course of the trial.

Therefore, the order of correction of October 27, 2016 issued by this Court is not limited to the application for modification of the purport of the claim and the cause of the claim, but to the main claim and the lawsuit filed by the plaintiff (Counterclaim defendant) and the plaintiffs.

Nevertheless, since the plaintiff (Counterclaim defendant) and the plaintiffs did not pay the above stamp, all of the plaintiff (Counterclaim defendant)'s principal lawsuit and the plaintiffs' lawsuit are unlawful and dismissed.

2. As to the counterclaim claim filed by the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)based facts;

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