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(영문) 창원지방법원통영지원 2016.02.18 2015가단1207

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 25, 2003, a vessel listed in the separate sheet (hereinafter “instant vessel”) is a coastal plastic complex vessel with 4.89 tons in a horizontal flock boat located in a female city (9.66m in length x 2.78m in width x 0.92m in depth x 0.92m in depth x 0.92m in depth) and a diesel engine 232kw.

B. The Plaintiff’s husband purchased the instant vessel with a high-class vessel around 2010, and used it as a management vessel of the U.S. farm.

C. The Plaintiff’s husband died in around 2012, and the Plaintiff owned the instant vessel, and C, the Plaintiff’s husband, continued to collect the instant vessel from the Plaintiff and the instant vessel.

C around October 2013, around 2013, the Korea Ship Safety Technology Authority entrusted the inspection of the instant vessel inspection to the Defendant (mutual name D) whose father has been engaged in ordinary transactions, leading to the third-time regular inspection of the vessel (hereinafter “instant inspection”) conducted by the Korea Ship Safety Technology Authority.

E. On October 12, 2013, the Defendant issued a written estimate, such as Party A’s No. 1, to the Plaintiff. After complete disassemblying the engine for the instant vessel’s inspection, the Defendant exchanged defective parts, such as the finishing work to cut the outer side of the parts or to complete ulging glance, and grhing grhing horse, etc., with the engine inspection cost, and the Plaintiff paid KRW 8,204,00 to the Defendant, including the said repair cost.

F. On October 18, 2013, the Plaintiff was subject to the instant inspection with respect to the instant vessel, and was issued a certificate of inspection with the validity period until October 17, 2018.

G. Around 14:00 on February 13, 2015, the Plaintiff’s captain of the instant vessel: C confirmed that the hull 0.2 math from the arrival date of the Yando Han-si, Yando-si, Yando-do-si, the hull 0.2 miles away from the northwestwestwester-do-do-si; the engine engine engine engine shot the 90% of the windows of the vessel’s windows, and the engine room also.