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(영문) 대구고등법원 2017.01.25 2015나2165
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

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:

(In accordance with the maintenance norm, the engine maintenance work is divided into W1 or W6 depending on the time and condition of the engine's use, and part of the engine maintenance work is conducted up to W5-2, and the engine is divided into two categories: W6: 1,56,017,00 won (excluding value-added tax and W5-2) maintenance work contract: 50 days after the date of completion of maintenance: Payment in cash within 10 days after the conclusion of the contract - Payment in cash - Payment in cash - Payment in cash until the completion of maritime trial - Payment in cash - the remainder including the cost of autopsy parts and value-added tax, and the cost of the remainder, including the cost of the part required for inspection and value-added tax, within 30 days after the completion of the trial operation.

C. From around that time, the Defendant performed maintenance and maritime trial operation under the instant engine maintenance contract. On February 25, 2013, the instant vessel, which was scheduled to take place, was engaged in maritime trial operation on the dong-west-west Sea Route, but the occurrence of problems, such as engine temperature imbalance or exhaust temperature imbalance or exhaust temperature failure, etc. was added.

On March 13, 2013, the Plaintiff entered into 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 other than the green-west-Slle route. On April 20, 2013, the instant vessel was on the port-Ulle route.

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