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(영문) 부산지방법원 2018.01.25 2016가단352138

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for the supply of attached goods with the Defendant, a company that supplies container freight to the Korea Railroad Corporation (hereinafter “instant goods supply contract”), and supplied the Defendant with the connecting machine and basic brakes, etc. (hereinafter “instant goods”). The Defendant installed the container freight vehicle to the Korea Railroad Corporation and supplied the instant goods to the Defendant.

B. In order to secure the obligation to pay the defect repair expenses to the Defendant in relation to the instant goods supply contract, the Plaintiff entered into a guarantee insurance contract with Nonparty C Co., Ltd. (hereinafter referred to as “C”) (the purchase price of insurance KRW 39,060,000, and the period from September 1, 2014 to September 1, 2018). The Defendant claimed KRW 14,032,403 as the cost of repairing the instant goods on May 11, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 1 (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion that there is no defect in the goods of this case, but the defendant filed a claim for warranty insurance against defects in C, and thus, the plaintiff's claim against the defendant that there is no obligation to pay defect repair expenses under the contract for the supply

3. Comprehensively taking account of the overall purport of each statement and argument of Eul's evidence Nos. 2 through 9 (including paper numbers), the Korea Railroad Corporation sent to the defendant on August 18, 2015 and Nov. 25, 2015 a letter of "request for notification of occurrence of defects and measures" attached to the report on occurrence of defects. The said report on occurrence of defects states that the said report on occurrence of defects contains a statement that the damage caused by the shock between the plaintiff and the defendant due to the automatic connecting defect of hedging and the clean defect of the container, which the plaintiff supplied to the defendant on September 14, 2015. The defendant contains a statement that there exists a possibility of the vehicle separation accident by means of shock between vehicles. < Amended by Presidential Decree No. 26504, Sep. 14, 2015>