채무부존재확인
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On November 5, 2012, the Defendant entered into a contract for the manufacture and installation of polycarton structure (hereinafter “instant contract”) with the Plaintiff, and the Plaintiff, on November 25, 2012, that the Defendant would pay KRW 407 million to the Plaintiff when installing and installing 100 polyton structure (hereinafter “instant structure”).
[Reasons for Recognition] Evidence No. 3, Evidence No. 2, and the purport of the whole pleadings
2. The parties' assertion;
A. The plaintiff's assertion that the defect alleged by the defendant is a defect in the production and installation of the plaintiff since the collision occurs in the vehicle operation altitude or the rainwater flows into the area. The plaintiff's assertion that the defect occurred in the 100 structure that the plaintiff manufactured only 810 structures among the 100 structures that the plaintiff decided to install under the contract of this case, and the defect alleged by the defendant occurred in the remaining 19 structures that were not produced by the plaintiff. Thus, the plaintiff has no liability to compensate the plaintiff for the defect
B. The defendant's assertion that the plaintiff made 89 structures of this case, and there were 26 defects among them, and the defendant paid repair expenses to other enterprises for their repair, and the plaintiff is liable to compensate the defendant for damages arising from the defect of the structure of this case.
3. Facts of recognition;
A. On November 2012, the Plaintiff entered into a warranty insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with respect to the instant contract from November 26, 2012 to November 25, 2014; and entered into a warranty insurance contract with the Defendant, the insurance period from November 26, 2012 to November 25, 2014; and issued the said warranty insurance bond to the Defendant.
On November 6, 2012, the Defendant paid 4070,000 won to the Plaintiff.
B. The Plaintiff’s occurrence of defects and the payment of the remainder.