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(영문) 서울중앙지방법원 2019.08.30 2018가단5195459

약정금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around March 2018, C Company (hereinafter “C Company”) requested the Plaintiff to conduct the business of cleaning the hull of D (hereinafter “instant vessel”) owned by the Defendant, and the Plaintiff decided to do so in response thereto at US$ 15,000.

B. Around March 13, 2018, the Plaintiff completed the work of cleaning the hull of the instant vessel.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff alleged that the plaintiff entered into a cleaning service contract with the defendant's agency, i.e., the C company, and the ship of this case and performed the service, and sought payment of US$ 15,000 at the cleaning service cost.

B. It is insufficient to recognize that the Defendant granted the authority to execute the cleaning service contract of the instant vessel to the C Company, or that C Company has the authority to act on behalf of the Defendant regarding the conclusion of the said contract, solely with the descriptions of the evidence Nos. 1 and 4, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion based on the premise that C company has the power to execute the above contract is without merit.

3. Determination on the conjunctive claim

A. The plaintiff asserted that if the other party to the cleaning service contract is not the defendant but C Company, the plaintiff has a claim for cleaning service costs of US$ 15,000 against C Company. Thus, the plaintiff asserts that he shall exercise his claim against the defendant of C Company as follows in subrogation of C Company:

(1) Under the charter contract, the vessel cleaning work cost is the cost borne by the vessel owner. Therefore, C Company has a right to claim reimbursement of the cost under the charter contract against the Defendant, a right to claim reimbursement of the cost or a right to claim restitution of unjust

(2) C Company shall, without any obligation, perform the work of maintaining and maintaining vessels for the Defendant who is the owner of the vessel.