채무부존재확인
The judgment of the first instance, including the counterclaim claim of the Defendant (Counterclaim Plaintiff) that has been reduced in the trial, shall be modified as follows:
A principal lawsuit and a counterclaim shall be deemed simultaneously.
In fact, the Plaintiff is a person who operates a DNA agency of the Kim Jong-ro Co., Ltd. (hereinafter referred to as “Geo-sung-ro”), Kim Jong-ro, Seoul, and the Defendant is a person who purchased a ionion machine from Kim Jong-si, Kim Jong-si.
The Defendant (hereinafter “the instant apartment”) moved to, and requested the Plaintiff to move and install, the ionion water season, and the Plaintiff’s employee visited the instant apartment on July 6, 2014.
On February 2, 2015, water leakage occurred in the system installed in the living room ceiling of 212 Dong 1601, the above apartment building was suspected of water leakage from the connecting valves of the ionion season of the instant apartment in the process of ascertaining the cause, and the Defendant received damage related to water leakage from the head office to the service center on February 11, 2015.
Accordingly, on February 12, 2015, the Plaintiff, the Plaintiff’s employees, and the Plaintiff’s employees who installed the iono water tank, the employees of the head office, the apartment management office employees, and the apartment construction workers, visiting the instant apartment on the Kim Jong-ro, confirming the leakage of the connecting valves of the iono water season, and taking measures to prevent any further leakage from the relevant parts.
[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 7, Eul evidence Nos. 8, 9, and 12, testimony by witnesses G of the first instance trial, and the purport of the entire pleadings, are likely to occur by manipulating the above connecting valves after the establishment of the plaintiff's ionion season. Thus, it cannot be readily concluded that the leakage of a water temperature connecting valve is due to the plaintiff's defects in the installation of the plaintiff.
The water leakage of the defendant's assertion temperature connecting valves is due to the defects of the plaintiff's installation.
Judgment
In full view of the following circumstances, the evidence mentioned above and the evidence mentioned in No. 11 (including paper numbers; hereinafter the same shall apply) are acknowledged as follows.