운송료
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The Plaintiff, a tugboat, changed its name to F on April 23, 2018, as the tugboat “E” (F)
hereinafter referred to as “instant vessel”).
(2) The Defendants were subcontracted for the construction of transporting soil and sand used for I Corporation from the non-party H Co., Ltd. to the Busan port of movement in Busan port of movement.
B. On April 10, 2017, the Plaintiff is a contractual relationship between the Plaintiff, the Defendants, and the Nonparty Company. (1) The Plaintiff is a non-party J Co., Ltd. (hereinafter “non-party company”).
B) Between the Plaintiff and the non-party company entered into a maritime transport contract with the content that the Plaintiff would charter the instant vessel to the non-party company with the monthly use of KRW 28,00,000. (2) On August 23, 2017, the non-party company entered into a maritime transport contract with the Defendants, between August 23, 2017 and March 31, 2018, with the content that the non-party company would transport the earth and sand necessary for the Corporation from August 23, 2017 to March 31, 2018 (hereinafter “instant transport contract”).
C. The instant vessel, implementing the instant transport contract using the instant vessel, completed soil and sand transport stipulated in the instant transport contract between the date of conclusion of the instant transport contract and January 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendants primarily asserted that they agreed to pay the transport charges under the transport contract of this case to the Plaintiff, the owner of the instant vessel, and thus, the Defendants are jointly and severally liable to pay the Plaintiff the total transport charges of KRW 68,49,00 and the delay damages.
B. Preliminary assertion that the plaintiff has a charterage of KRW 28,00,000 per month against the non-party company, and the non-party company has a total of KRW 68.