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(영문) 부산지방법원 2017.11.07 2016가단312321

손해배상(기)

Text

1. The Defendant’s KRW 33,225,848 as well as the Plaintiff’s annual rate from April 13, 2016 to November 7, 2017.

Reasons

Basic Facts

The Plaintiff, while engaging in the construction business in the name of “B”, is a person who leases a tent (registration number C, size 155mm, type SP4500mD at the time) owned by the Plaintiff to the Defendant, and the Defendant is a company that leases the instant tent.

2. Period of use: From September 1, 2015 to November 30, 2015;

3. Amount to be used: Around September 4, 2015, the Plaintiff entered into a contract with the Defendant on the lease of the instant tent to use it for the purpose of using it as a site site located in D where the Defendant performed (hereinafter “instant initial contract”).

The main contents of the instant initial contract are as follows.

The Plaintiff prepared to send the instant astronomical air to Bluna in accordance with the instant initial contract, and the Defendant filed an export declaration on September 7, 2015, and entered the instant astronomical air in the “DETL INVIST” item.

On September 8, 2015, the Plaintiff applied for the cancellation of registration of the instant astronomical construction machinery pursuant to Article 6(2) and 6(1)6 of the former Construction Machinery Management Act (amended by Act No. 13468, Aug. 11, 2015) that the Plaintiff shall file an application for the cancellation of registration prior to the export of construction machinery.

Since October 1, 2015, the Plaintiff arrived at the construction site of the Defendant’s Brazil, and from around October 1, 2015, the Plaintiff used the instant tent to conduct maritime drilling operations. During the work, gas leakage under the ground was partly damaged the instant tent.

(hereinafter “instant accident”). 2. The period of use: From September 10, 2015 to the end of the period of use (scheduled February 2016)

3. Amount to be used: 25,000,000 won per month (not value-added tax). (10,000,000 won per month for input human resources / 15,000 won per month for input equipment.

4. Payment of prices: It shall be appropriated according to the equipment and the period of actual input.