하자보수보험금 반환채무 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant's defense of the previous draft of this case asserted that "the defendant who entered into a purchase contract with the plaintiff without defect repair liability, received insurance money from the Seoul Guarantee Insurance on the ground that there was a defect, and A paid indemnity amount to the Seoul Guarantee Insurance, and then claimed it against the plaintiff." The defendant's claim against the defendant for confirmation that the defendant had a duty to return the amount of KRW 20 million to the Seoul Guarantee Insurance, the defendant's claim for confirmation of legal relations between the defendant and the Seoul Guarantee Insurance on the ground that the plaintiff was requested by the plaintiff for the payment of indemnity amount is not a benefit of confirmation.
Judgment
A lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but also the legal relationship between one of the parties and a third party or between a third party. However, in order to have the interest to seek confirmation of the legal relationship, it is necessary to immediately determine the legal relationship by the confirmation judgment in order to remove the risks or deficiencies existing in the rights or legal status of the claimant in accordance with the legal relationship, and it should be the most effective and appropriate means.
(2) In light of the following: (a) the Plaintiff entered into a contract with the Defendant on September 28, 2011 for the purchase of equipment and materials for the supply of Posco (Posco (Posco) LNG-based SCR (Posco) with the Defendant on December 12, 201; (b) the Plaintiff completed construction on June 7, 2012; and (c) issued a warranty insurance policy to the Defendant on the ground that the defect occurred in the goods supplied by the Defendant; and (d) the Plaintiff requested the payment of the insurance money to the Seoul Guarantee Insurance on the ground that the defect occurred in the goods supplied by the Defendant; and (e) the fact that the Defendant received KRW 21,30,000 from the Seoul Guarantee Insurance Fund.
The plaintiff is receiving a claim for indemnity from A, and the plaintiff's law.