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(영문) 부산지방법원 2016.07.06 2014가합2092

사용료

Text

1. The Defendant’s KRW 109,656,40 for the Plaintiff and KRW 5% per annum from February 28, 2014 to July 6, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of marine transportation, etc. A, a 2,000 E-Wed tugboat A (hereinafter “the instant tugboat”).

(2) The defendant has the advantage that the company established for the purpose of underwater construction business, etc. can work without being affected by algaes or waves by setting up two parts of Pontogege, a prop to adjust the length to players and aft, and the defendant has the advantage that the company can work without being affected by the depths or waves.

J. B (hereinafter “instant barge”) owns the instant barge.

B. On July 16, 2013, the Defendant entered into a charter contract on the instant tugboat (hereinafter “Tsung Heavy Industries”) with the Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”).

2) On the part of the Defendant, the instant barge is located at the 1.5 km sea in front of the Jeju-si, Jeju-do, by setting the rental fee of KRW 590 million (including remodeling expenses, separate value added tax), and the lease period of KRW 1.5 km as “one month from the completion of the construction work of the weather tower of the United Nations Co., Ltd.” (hereinafter “the site at Jeju-do work site”).

(2) On September 2013, the Defendant: (a) leased the instant barge to the Samsung Heavy Industries’ request to put it into the Jeju-do work site; and (b) leased the instant tugboat to the Plaintiff at KRW 41 million per month charterage (excluding value-added tax) without setting the end date from September 20, 2013.

(hereinafter “instant charter contract”). C.

1) The tugboat of this case is used in the first port of Busan on September 20, 2013 at the Defendant’s request.

(2) On September 23, 2013, the Plaintiff left the instant barge, which was anchored at a wooden port on September 21, 2013, in towing it to Jeju-do, but the engine failure was made in front of Jindo-do for three to four hours from departure. (2) On September 23, 2013, the Plaintiff resisted the instant barge to a nearby cemetery.