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(영문) 대전고등법원 2016.09.07 2015누13831

재결취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Occurrence of marine accidents of this case and details of adjudication;

A. Contract relationship 1 related to the instant case

On July 17, 2009, the construction headquarters in Gyeonggi-do entered into a contract for the removal of the “Diplomatic” connecting the North Korean River with the Gyeonggi-do Construction Headquarters in Yangyang-si, and the construction of the “Escul.” (2) On November 22, 2010, the new public project awarded a subcontract for the decommissioning of the Dropulty to the Sung-gu Co., Ltd. (hereinafter referred to as the “SP loan”).

3) Ssung Frand Co., Ltd. (hereinafter “Hahmand Co., Ltd.”) on October 1, 2013

B) On February 15, 2012, the Plaintiff, the representative of F, entered into a subcontract with the Plaintiff, with the content that it will be in charge of work-related affairs, such as site construction and external selection and management, and construction-related affairs on the spot. On the same day, he/she entered into a subcontract with the Plaintiff on the following day: (a) a small-scale wharf facility where the Plaintiff is entering into a small-sized vessel, which is dismantled and removed, the surface of the Daehan, and the intersection, are mainly connected with the small-sized vessel; (b) a fishing vessel, the barge, etc. are mainly connected with the small-sized vessel; and (c) a lessee, the representative of F, has entered into the said subcontract with the Plaintiff (hereinafter referred to as the “ Intervenor”) on December 15, 2012, using the fleet fleet (hereinafter referred to as the “Towing”) and the barge (hereinafter referred to as the “SY”) on December 17, 1997; and (d) a small-scale barge of Incheon 2008 meters and 8 meters of the small-sized industry.28m.

The main contents of the contract made at the time are as follows:

Article 1 (Indication of Objects)

2. Equipment to be used: D. D.