기타(금전)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 11, 2015, the Defendant concluded a lease contract (hereinafter “instant contract”) between the Plaintiff and the Plaintiff, setting the rental fee of KRW 40,00,00, and the rental period of the said vessel as the owner of C’s vessel (type: baseline, gross tonnage: 69 tons, vessel number D, and instant vessel”).
The Plaintiff paid the Defendant the rent of KRW 40,000,000.
The Plaintiff received the instant vessel from the Defendant in Incheon to the leisure port, and applied for a regular inspection of the vessel in the leisure balance register of the Korea Ship Safety Technology Authority.
However, on December 30, 2015, the above branch, on the ground that the upper deck of the instant vessel was installed arbitrarily, and the depth was changed, thereby failing to pass a disposition on the ground that the drawings and the real lines are inconsistent.
The vessel of this case is at anchor in a leisure port in the state of the present mooring report.
On April 27, 2016, the Plaintiff revoked the instant contract and sent to the Defendant a certificate of content that requests the refund of the rent and all of the expenses.
[Reasons for Recognition] Gap evidence Nos. 1- 3 (including paper numbers), Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant asserted the revocation of fraud, which concealed the fact of arbitrarily raising the upper deck of the instant vessel, and concluded the instant contract with both the Plaintiff capable of operating the instant vessel with normal vessel.
Therefore, the Plaintiff revoked the instant contract with the content certification of April 27, 2016 or with the delivery of the instant complaint, and sought a return of KRW 40,000,000.
B. Inasmuch as the operation of the instant vessel was impossible due to the Defendant’s assertion of cancellation due to nonperformance, the Plaintiff cancelled the instant contract with the content certification as of April 27, 2016 or with the delivery of the instant complaint as of April 27, 2016, and paid KRW 40,000,000, coloring operation cost, KRW 5,500,000, and KRW 1,780,000, as compensation for damages.