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(영문) 서울중앙지방법원 2019.11.29 2017가합554138
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. 1) On September 2, 2014, the E consortium consisting of the Plaintiff and the German company D (hereinafter “instant contract”) is a contract for the automatic classification of the Defendant and the Seoul Eastern Logistics Center and the supply of related facilities (hereinafter “instant contract”).

(2) On September 18, 2015, pursuant to the instant contract, the Plaintiff provided 12 items, including automatic sorting machines and related facilities, to the Defendant, and the Defendant paid KRW 13,350,000,000, which is the price stipulated in the instant contract, until December 31, 2015.

B. On February 4, 2016, the Plaintiff entered into a defect insurance contract with F Co., Ltd. (hereinafter “F”) and the insured as of February 4, 2016, with a view to guaranteeing the defects of 12 items, including an automatic classification machine that the Plaintiff supplied and installed the Defendant, among the related facilities, and a warranty insurance contract stipulating the insurance period from November 5, 2015 to September 4, 2018 (hereinafter “instant insurance contract”).

C. On February 16, 2017 and May 22, 2017, the Defendant filed a claim for the repair of defects with the Plaintiff on February 16, 2017, and on May 22, 2017, the Defendant notified the Plaintiff that the Plaintiff would claim the insurance proceeds under the instant insurance contract in cases where the Plaintiff did not pay any remuneration within a given period.

On July 13, 2017, the Defendant claimed KRW 1,330,780,000 from G Co., Ltd. (hereinafter referred to as “G”) for insurance proceeds due to the Plaintiff’s nonperformance of the repair of defects on the same day after receiving an estimate (amount: 1,330,780,000) of “new consortium installation works.”

[Ground of recognition] without any dispute, Gap evidence 1 through 6, Eul evidence 7-1, 2, Eul evidence 9, and Eul.

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