선박인수등
1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) ordering payment below.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a company engaged in maritime transport business, vessel repair business, etc., and the Defendant is a transport carrier that can transport vehicles, etc. in which lamps (mampp is installed in a series of two points different in height) are installed on the part of the ship players listed in the attached list.
(hereinafter “instant vessel”) is the owner of the instant vessel.
B. On April 16, 2016, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”) with the following terms and conditions, and stored and managed the instant vessel from that time pursuant to the said contract.
The defendant, on April 16, 2016, stated "AC" as the plaintiff on April 16, 2016, and C is a person who actually operates the plaintiff company.
to delegate all the management and responsibilities of the ship of this case, and to pay 1,000,000 and 300,000 won per month management expenses.
Defendant (Appellant) (Appellant) on April 16, 2016
C. On October 5, 2016, the Plaintiff: (a) intended to move the instant vessel at anchor in the Samcheon Port with a view to avoiding the impact of typhoons (f) to the luminous port; (b) during the course of moving the said vessel, the said vessel was sunken at a point of approximately two miles away from the luminous port to the luminous port.
After fostering the instant vessel, the Plaintiff notified the Defendant of the acquisition of the instant vessel on November 24, 2016, but the Defendant requested to repair the said vessel at the time of the instant contract, and refused to accept the vessel.
E. The instant vessel is currently unable to navigate. The value of the instant vessel at the time of the sinking of the said vessel is KRW 136,00,000, and the value as of October 2016 after the sinking and sinking of the said vessel is KRW 31,440,000 (=240,000 per ton x 131 ton x 131 ton). The cost of repairing the instant vessel to the extent that it can pass a regular inspection under the Ship Safety Act is KRW 280,439,00.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6 evidence, Eul 1, 2, and 8 evidence (including each number).