공유물분할
The part concerning a claim for monetary payment in the judgment of the first instance is modified as follows.
The defendant shall make the plaintiff 74,930.
1. The reasoning for this part of the facts of recognition is that the court has stated in this part, with the exception of adding "one-half day" to "one-half day" respectively, "one-half day", "one-half day", "one-half day" of the third side, "one-half day", "one-half day", "one-half day" of the first instance judgment to "one-half day", "one-half day", "one-eight day" to "ship inspection", and "one-half day" to "one-half day" of the fifth side judgment to "one-half day", "one-half day from April 1, 2018" to "one-half day" as "one-half day from April 1, 2018."
Since it is the same as the statement in the claim, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties’ assertion
A. As the cause of the Plaintiff’s claim, the Plaintiff sought payment of KRW 111,54,796 for the settlement of accounts under the instant settlement agreement (hereinafter “instant settlement agreement”) against the Defendant and KRW 171,758,779 for the total amount of KRW 60,203,983, related to the instant vessel from April 1, 2018 to May 31, 2019 (i.e., KRW 111,54,796, KRW 60,203,983) and the agreed interest or delay damages.
B. The Plaintiff, while paying charterage to the Defendant, arbitrarily deducted KRW 24,578,284 of the hull insurance premium incurred prior to December 2014 from the amount of the instant settlement agreement. As such, the said amount should be excluded from the amount of the instant settlement agreement.
② Since seafarers’ benefits, etc. relating to the instant vessel are to be borne by the Plaintiff, it is unreasonable for the Plaintiff to calculate the settlement amount from April 1, 2018 to May 31, 2019 on the premise that the Defendant shared such amount and seek such payment.
Furthermore, the Plaintiff did not pay charterage to the Defendant from May 1, 2018 to December 2018. From January 2019, only KRW 3,000,000 per month or KRW 3,300,000 per month. From May 1, 2018 to August 31, 2020, the unpaid charterage 24,045,572 should also be deducted from the instant settlement agreement.
(3)