logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.11.29 2018가단241698
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as follows as the cause of the claim of this case.

In other words, it is necessary to legally confirm that the Plaintiff does not bear the obligation of the said promissory note because the said promissory note was forged by Nonparty C, which was drafted as of July 16, 2006 by the Defendant against the Plaintiff and sought payment of the amount of eight million won per share.

The profit to file a lawsuit for confirmation of scambling is recognized when it is the most effective and appropriate means to obtain a judgment of confirmation from the Plaintiff when the Plaintiff has the existing apprehension and danger in rights or legal status, and removing such apprehension and danger.

However, prior to the filing of the instant lawsuit, the Defendant filed a lawsuit against the Plaintiff on December 26, 2017, seeking payment of KRW 8 million based on the said Promissory Notes (Seoul District Court Branch Branch Decision 2017Gada40422). On April 26, 2018, the lower court rendered a judgment in favor of the Plaintiff (i.e., the Defendant) in the instant lawsuit on April 26, 2018, and the said judgment became final and conclusive on May 12, 2018 is significant in this court. As such, the legal relationship with the claim for the said Promissory Notes between the Plaintiff and the Defendant cannot be deemed as having any apprehension or risk existing in the Plaintiff’s rights or legal status, and thus, it cannot be deemed as a valid and appropriate means to receive the said judgment. Accordingly, the instant lawsuit cannot be deemed as a benefit of confirmation.

Therefore, the instant lawsuit is unlawful and thus dismissed.

arrow