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(영문) 부산지방법원 2016.05.19 2014가단32676

선박수리대금

Text

1. The Defendant: KRW 63,779,964 for the Plaintiff and 6% per annum from March 7, 2014 to April 3, 2014.

Reasons

Comprehensively taking account of the fact that there is no dispute between the parties, the entries in Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the entire pleadings as a result of the commission of appraisal of repair costs to appraiser Eul, the plaintiff engaged in the business of manufacturing ship repair parts and ship repair, etc. shall be entrusted to Eul, east Shipping Co., Ltd., Ltd., which is engaged in the business of manufacturing shipbuilding machinery, equipment, ship engine parts, etc., and repair from November 26, 2013 to March 6, 2014. The plaintiff paid repair costs of at least 88,779,964 won with the above repair cost and labor cost, etc. As the plaintiff's demand, the defendant is obligated to pay the remainder of 25,000,000 won, excluding the above repair cost of KRW 25,779,964, which the plaintiff voluntarily recognized by the defendant, as the plaintiff's demand.

Therefore, the defendant asserted that the plaintiff agreed to exclude the reduction of the unit price and the labor cost for additional inputs from the repair cost, but there is no evidence to acknowledge this, the defendant's assertion is not acceptable.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder repair cost of KRW 63,779,964 as well as damages for delay calculated at each rate of 15% per annum as stipulated by the Commercial Act from March 7, 2014, which is the day following the completion date of the above repair until April 3, 2014, the delivery date of a copy of the complaint, and from the next day to the date of the delivery of a copy of the complaint, as requested by the Plaintiff.

As such, the Plaintiff’s claim is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.