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(영문) 대구지방법원 상주지원 2017.01.25 2016가단2719
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The plaintiff bears the costs of lawsuit.

Reasons

The Plaintiff asserted that the Plaintiff is a joint and several surety with respect to a loan transaction agreement of KRW 11,200,000 on May 3, 2001, and sought payment of the above money. The Plaintiff sought confirmation that the Defendant did not bear the above obligation against the Defendant since it was not a joint and several surety at the time.

In the litigation for confirmation, the benefits of confirmation are recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is recognized as the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate such apprehension and danger when the plaintiff's legal status is unstable and dangerous (see, e.g., Supreme Court Decision 2003Da55059, Dec. 22, 2005). In light of the above legal principle, in mind the above legal principles, if the plaintiff's husband returned to the instant case and returned to the court, the evidence Nos. 1, 1, and 1 through 4 were added to the purport of the oral argument, the plaintiff's husband borrowed KRW 11,20,000 from the defendant on May 3, 201, and request the National Agricultural Cooperative Federation of Agricultural Cooperatives (hereinafter referred to as the "Agricultural Cooperatives Federation") to guarantee the defendant's debts owed to the defendant under the plaintiff's joint and several sureties, and the defendant could not pay the principal to the defendant.

Thus, the defendant does not have any claim against the plaintiff or B based on the above loan transaction agreement, but can exercise the claim for reimbursement against the plaintiff who is a joint and several surety by the National Agricultural Cooperatives Federation.

For the same reason, the Plaintiff does not have any claim against the Plaintiff and does not have any other obligation to the Plaintiff.

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