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(영문) 부산지방법원 2019.11.05 2017가단332070

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The Defendant is a corporation established for the purpose of manufacturing and repairing electrical and electronic equipment of the ship, which serves as a Korean agency of “C”, a satellite operator, and provides ship-satellite communications.

The Plaintiff, a corporation established for the purpose of marine transportation, etc., is a corporation that received SIM cards and user IDs for vessel satellite communications from the Defendant and operated the vessel satellite communications to E (hereinafter “instant vessel”) that is the vessel chartered by Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).

•the instant vessel is a vessel belonging to Singapore and chartered by the non-party company from the company located in Singapore.

B. (1) The non-party company is generally able to communicate data, such as e-mail, to the company that provides the ICDIUM satellite communications system installed on the instant vessel.

In addition to satellite communications, in order to introduce the additional satellite communications system, the Plaintiff requested the introduction of satellite communications system.

B. The Plaintiff requested the Defendant to make an estimate of FB and V-SAT, which is a communication equipment, in advance, under the circumstances where it is difficult to know whether the existing communications equipment installed in the instant vessel works properly, and the Defendant sent a quotation (hereinafter “instant quotation”) stating the amount and amount of each communication equipment installed, and satellite communications charges to the Plaintiff.

Article 22(1) of the Civil Act provides that “The Plaintiff may use the communications equipment installed in the instant vessel,” and the Plaintiff simply requested the Defendant to open the communications. The Defendant opened and opened the satellite telecommunications company as “C”.

x. On May 23, 2017, the date immediately before the scheduled date of departure of the instant vessel.