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(영문) 서울고등법원 2016.09.28 2014나2035110
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff’s press machine supply 1) around June 10, 2006, the Plaintiff’s press machine (hereinafter “instant machine”) to E located within the Nam-gu Incheon Metropolitan City L around June 10, 2006.

The Plaintiff manufactured and supplied the press machinery. Not directly make all parts entering the press machinery, but some parts are manufacturing press machinery by receiving the press machinery from the subcontractor. 2) The instant machine is a device for the work operator to operate or stop the instant machine by carrying the operation location in both hands at the same time and automatically stop. While the machine stops, after completing the necessary work by inserting the hand hand in the machine, it is operated by the work operator once again starting the operation location in both hand. Of the parts of the instant machine, the mond valve is a device for the operation or stop of the instant machine by automatically closing the valves using electricity or pressure.

B. On May 3, 2012, E filed an application for A/S with the Plaintiff on the occurrence of noise from the upper hedging part of the valves installed in the instant machine. Nonparty G visited E and inspected the instant machine, and discovered and replaced the headradide on the valve upper part of the valve. 2) The soradon valve installed in the instant machine, and the soradon valve used in the replacement as above, all of which are manufactured by M. I (a private company but not a corporation; hereinafter “I”).

3) On the other hand, G was manufactured on December 201, 201 and operated a quality guarantee period (such as the above, because he had been replaced on August 201, 201) by a soranodide valve installed in the instant machine, and the soranodide valve used in replacing was replaced without compensation, and the soranodide valve manufactured on August 2, 201 and operated another presses machine test by the Plaintiff Company.

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