손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is the owner of the ship of 5.94 tons C (hereinafter referred to as the "ship of this case"), and the defendant is the person who is in charge of A/S in D Co., Ltd. (hereinafter referred to as "D").
On March 2013, the Plaintiff purchased a new engine manufactured from E Co., Ltd. (hereinafter referred to as “E”) from E (hereinafter referred to as “E”) in KRW 33,00,000, and operated it with the instant vessel installed in the instant vessel.
Around April 25, 2016, the Plaintiff requested repair to the Defendant, and the Defendant, after examining the condition of the said engine, recommended the Plaintiff to purchase and install a heavy and serious engine manufactured in E, a manufacturer of the said engine, on the ground that it appears that the time would be required for the repair of the engine.
Accordingly, the Plaintiff purchased used engines manufactured in E (hereinafter “instant engine”) in KRW 19,00,00,000, but decided to substitute for the issuance of existing engines, 5,000,000 out of the above purchase price.
On April 29, 2016, the Plaintiff transferred KRW 14,00,000 for the instant engine’s purchase price (i.e., KRW 19,000,000 - 5,000,000) to the Defendant’s wife and G account managing F, which was designated by the Defendant. On April 30, 2016, G transferred KRW 14,00,000 to the I’s account operating H. on April 30, 2016.
From May 3, 2016, the Plaintiff got out of trouble in the instant engine, and the Plaintiff repaired it, and the Defendant borne part of the repair cost, such as projector pump repair cost.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, Eul's assertion of the purport of pleading as a whole, and the plaintiff's assertion surrounding the plaintiff's assertion that the defendant supplied it to the plaintiff although there were defects in one of the engine parts of this case, the defendant supplied it to the plaintiff. Thus, 3,000,000 won out of the repair cost incurred by the plaintiff is due to default.