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(영문) 부산지방법원동부지원 2017.10.19 2016가단207791

손해배상(기)

Text

1. Defendant B Co., Ltd.: 144,834,953 won and 5% per annum from May 3, 2016 to October 19, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Bio-line D (hereinafter “the instant sub-line”).

B. On November 5, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a contract for a purification project including the collection of underwater wastes, the removal of sediment in a fish farm, the purification of sediment in a fish farm, the disposal of sediment in a purification plant, the disposal of sediment in the sea, the disposal of sediment in the land, and the discharge of sediment in the ocean.

C. Defendant C is the owner of tugboat F (hereinafter “instant tugboat”).

On May 1, 2016, the Plaintiff leased the instant Bridge to the Defendant Company, and its main contents are as follows.

Article 1 (Indication of Equipment) No operator of equipment name barge D D 10,000,000 high-end D G 10,000 equipment for monthly rent (cost). The term of contract under Article 2 (Contract Period) separate from VAT is from May 1, 2016 to May 2016, and may be newly constructed under mutual agreement between the Plaintiff and the Defendant Company.

Article 5 (Transportation Costs) of the Agreement to extend the period when the period of project increases, since the period of the subcontracted service is 60 days, the defendant company will take the responsibility of the defendant company in accordance with the agreement to extend the period.

Article 7 (Work Matters) Not including the number of persons of equipment leased, and the operation of equipment shall be responsible for the defendant company and shall be handled by the defendant company.

Article 8 (Safety Control Officer) Any safety accident that occurs during the work of this Corporation shall be responsible for and dealt with by the defendant company.

Article 9 (Repair) (3) The defendant company shall be responsible for the damage of equipment during the operation of equipment and restore it to its original state until it arrives in Busan.

E. On March 25, 2016, Defendant C leased the instant tugboat from Defendant C, and its main contents are as follows.

ARTICLE 1:The terms of termination of the contract under Article 4, even if the cost of the vessel and the usage fee of the vessel are FH 100,000 Won 28 million Won

2. The defendant company shall adopt the hulls without the consent of the defendant C during the charter period.