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(영문) 서울중앙지방법원 2015.11.12 2014가단5090006
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s lawsuit against the defendant Hyundai Savings Bank shall be dismissed.

2. The plaintiff (Counterclaim defendant).

Reasons

1. We examine the legitimacy of the lawsuit against the defendant Hyundai Savings Bank ex officio (ex officio determination).

Defendant Hyundai Savings Bank, while the instant lawsuit is pending on June 30, 2014, transferred each claim amounting to KRW 19,500,000 against the Plaintiff on October 24, 2012 to ENNN Partners Co., Ltd. and ENNN Partners Co., Ltd. on July 1, 2014. The part seeking the confirmation of the existence of the debt owed to Defendant Hyundai Savings Bank among the instant principal lawsuit is unlawful, since the Intervenor’s succession did not withdraw from the lawsuit even after the Plaintiff submitted the application for intervention in the lawsuit to this court on September 5, 2014. The Plaintiff’s seeking the confirmation of existence of the debt owed to the previous creditor of the claim already transferred by the Plaintiff has no immediate interest in confirmation. Thus, the part seeking the confirmation of existence of debt owed to Defendant Hyundai Savings Bank among the instant principal lawsuit is unlawful.

(2) The plaintiff's successor did not explicitly amend the purport of the claim after the defendant's successor participation. However, in light of the above circumstances, it is judged that the defendant's successor seeks confirmation of the existence of an obligation even to the above defendant's successor.

A. The obligation stated in Paragraph 2 of the Disposition against the above defendant by the plaintiff as to the indication of the claim is null and void since B entered into a joint and several guarantee contract with the plaintiff's name copied. Thus, the non-existence of the above obligation is sought

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

3. Part of the claim and counterclaim against the defendant Sejong Mutual Savings Bank and the defendant taking over the lawsuit shall be deemed to have been filed together with the main claim and counterclaim.

A. The Plaintiff and B are old-friendly relations between themselves.

B The identification card necessary for the registration of a golf course member for balone, and the plaintiff is required to register a golf course member in the name of the plaintiff.

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