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(영문) 광주고등법원(제주) 2020.05.13 2019나10578
손해배상(기)
Text

1. All appeals filed by the plaintiff and defendant C are dismissed.

2. Of the appeal cost, between the Plaintiff and the Defendant Company B.

Reasons

1. Basic facts

A. The status and relationship 1) D Co., Ltd. (hereinafter “instant construction”) is conducted in the front of the sea between Gri-ri and Ori-ri in Jeju, with E Co., Ltd. (hereinafter “instant construction”).

E Co., Ltd. has contracted the construction of submarine cables during the above construction (hereinafter “instant subcontracted construction”).

Defendant B Co., Ltd. (hereinafter “Defendant B”).

) The subcontract was subcontracted (hereinafter “instant subcontract”).

2) Of the instant subcontracted projects, the construction of a protective construction method (the installation and dredging construction of stone to protect and fix submarine cables) is included. The method of protection is ① the purchase of stone to load stone collected on land with a dump truck, etc. and transport them to I (I) port (the purchase of stone and the transport of land) (2) above (i) the transport of stone transported as in paragraph (1) of the Ship Safety Act (Definitions Article 2 (Definition of the Ship Safety Act).

1. The term "ship" means things (including those with an outboard engine) used or usable for navigation above or below the water and floating maritime structures determined by Ordinance of the Ministry of Oceans and Fisheries, such as movable drilling ships and floating floating maritime structures;

12. The term "a barge" means a ship not equipped with a propelling engine, such as a motor and power transmission device, or sail, sailing by towing or pushing another ship;

(3) For the purpose of Article 2 (Definition) of the Ship Safety Act, the term "towing ship" means a ship moving another ship by towing or pushing it.

In the construction site of this case, the barge, installed at the site of the subcontracted construction site of this case, loaded the above mar on the barge (marine transportation process) 4 was composed of a marbing course on the sea.

Defendant B, the representative of X on June 3, 2016, "the contract on the purchase of tin, land transport, shipment of barge and maritime transport" between Y and Y is the case.

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