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(영문) 전주지방법원 2016.10.11 2015가단16431

채무부존재확인

Text

1. It is confirmed that there is no obligation listed in the separate sheet against the Defendant (Counterclaim Plaintiff) by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a person who operates D's agency of Kim Jong-gu Co., Ltd. (hereinafter referred to as "Geo-gu, Kim Jong-sik-ro") in Jeonju-si, Jeon Jong-si, and the Defendant purchased a ionion machine from Kim Jong-gu, Kim Jong-ro.

B. On July 6, 2014, the Defendant: (a) moved to, and requested the Plaintiff to move and install, the ionion water season (hereinafter “instant apartment”); and (b) the Plaintiff’s employee visited the instant apartment on the instant apartment on July 6, 2014 and installed the ionion water season.

C. On February 1, 2015, water leakage occurred in the system installed in the living room ceiling of the above apartment building No. 212 and 1601. In the process of ascertaining the cause, it is doubtful that water leakage occurred in the part of the outer valves of the instant apartment building, and the Defendant received damage related to water leakage from the outer valves of the instant apartment building on February 11, 2015. On February 12, 2015, the Defendant visited the Plaintiff, the Defendant, the Plaintiff’s employees, the Plaintiff’s employees, and the F Management Office G, etc. to visit the instant apartment to check whether water leakage occurred.

On May 13, 2015, the Defendant filed a claim for damages equivalent to KRW 50,000,000 with the Plaintiff, asserting that the connecting part of the instant apartment was not properly concluded, and that the damage was inflicted on the floor of the mouth, etc. of the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 7, 8, 9, and 12, witness G testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted 1 did not have any defect in the installation of a ionion season installed on the part of the Plaintiff, and instead, water leakage was generated from the Samsung type washing machine installed on the side of the Plaintiff, and thus, the Defendant is liable to compensate the Plaintiff, even though it did not have any obligation to compensate the Plaintiff, so the Defendant is liable to compensate for