채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a legal entity engaged in passenger transport business, etc. as the owner of a vessel C listed in the attached Form (hereinafter “instant vessel”). The Defendant is a legal entity that concluded an engine disassembly agreement and land trial operation agreement with the Plaintiff with respect to the instant vessel and performed maintenance business.
B. On November 26, 2012, the Plaintiff and the Defendant entered into an engine disassemblying agreement (hereinafter “instant engine rearrangement agreement”) with respect to four engines loaded on the instant vessel, as follows:
(The engine maintenance work is divided into W1 to VI according to the time and condition of engine use; the engine maintenance work is partially dismantled up to W5-2, and the engine is divided into W5-2 and completely dismantled maintenance work is conducted on board only in case of W6-2: Contract price: 1,556,017,000 won (excluding value-added tax, W5-2 grade): The 50-day maintenance work period as of the date of commencement of maintenance: Payment in cash - Payment in cash - Payment in cash within 10 days after the conclusion of the contract - Payment in cash 1,089, 211,90 won including the cost of check parts before completion of sea trial operation - Payment in cash within 30 days after completion of trial operation.
C. From around that time, the Defendant performed maintenance and maritime trial operation under the instant engine maintenance contract, and on February 25, 2013, which was scheduled to run the instant vessel at sea on the route of meltdong Port-west Port, but was engaged in maritime trial operation on the sea route, but the occurrence of problems such as bad weather temperature imbalance or exhaust temperature imbalance or exhaust temperature failure, etc. was added.
On March 13, 2013, the Plaintiff concluded a charter contract on the instant vessel with Gwangju High Speed Shipping Co., Ltd., and agreed to put the instant vessel into the port-Ulle route, not the green port-Slle route. On April 20, 2013, the instant vessel was operated on the sea route of the instant vessel on April 20, 2013.