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(영문) 서울고등법원 2019.12.20 2019나2025897
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

Each real estate-based building listed in paragraph (3) of the list.

Reasons

1. The reasons for this part of the underlying facts are as stated in the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance “1. Basic Facts” as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On February 14, 2017, the first instance court's decision Nos. 3, 7, and 8 "Plaintiff B" was consolidated with Plaintiff X Co., Ltd. on February 14, 2017, which was the first instance court's decision, and accordingly, Plaintiff X took over the instant lawsuit in the first instance trial. hereinafter "Plaintiff X" without distinguishing before and after the merger, and Plaintiff B's "Plaintiff B" in Articles 12 and 13 of the same part was incorporated into "Plaintiff X."

2. The reasons for this part of the allegations by the parties are as stated in the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance 2.1), except that the court considers “17,701,618 won” of the judgment of the court of first instance No. 5 as “188,701,618 won” of the judgment of the court of first instance as “188,701,618 won,” and thus, this part is cited as

3. The plaintiffs seek confirmation that there is no debt owed to the defendant in relation to the construction of the new building of this case. The defendant sought the performance of the above debt against the plaintiffs as the counterclaim of this case. Thus, the defendant first examined the defendant's claim of this case, and then examined the plaintiffs' claim of this case which constitutes the passive confirmation lawsuit.

The reasoning for the part concerning the counterclaim claim in this case is as follows, since the judgment on the counterclaim claim in the corresponding part of the judgment of the court of first instance is the same as that on the corresponding part of the judgment of the court of first instance, '3.' The judgment on the counterclaim claim in the main part of Article 420 of the Civil Procedure Act is cited.

Of the corresponding parts of the judgment of the first instance court, "Plaintiff B" shall be applied to "Plaintiff X" respectively.

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