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(영문) 울산지방법원 2014.12.11 2013가합3794
방제비 등
Text

1. The Defendants: (a) KRW 618,846,182 to each Plaintiff and 6% per annum from April 8, 2013 to June 5, 2013.

Reasons

1. Basic facts

A. Around December 14, 2012, Defendant tin Construction Co., Ltd. (hereinafter “Defendant tin Construction”) caused an accident involving oil leakage (hereinafter “instant accident”) on the ground that the instant vessel goes beyond DM (on the ground of weather deterioration) loaded on the instant vessel at the construction site for the construction site of Ulsan New Port, Ulsan (hereinafter “instant vessel”) due to weather deterioration.

B. On December 17, 2012, the Plaintiff entered into a marine pest control contract (hereinafter “instant pest control contract”) with the content that the Plaintiff shall complete marine pest control operations with respect to various pollutions caused by the stranding accident of the instant vessel, and that Defendant Twit Construction shall pay pest control expenses based on (g) the pest control rate table of the Korea Marine Pollution Response Association (hereinafter “instant pest control contract”).

C. Defendant Han-gu Co., Ltd. (formerly: Han-do Construction Co., Ltd.; hereinafter “Defendant Han-do”) guaranteed the duty to pay the pest control expenses for Defendant Han-gu Construction on the same day.

On January 17, 2013, the Plaintiff sought payment of KRW 419,649,081 (hereinafter “the first pest control work cost”) from December 14, 2012 to December 31, 2012 to the Defendants from January 31, 2012. On the same day, the Plaintiff, who was the Defendant, paid KRW 419,649,081, excluding the second pest control work cost. E. The Plaintiff completed the instant pest control work on March 8, 2013, and around March 11, 2013, the Plaintiff did not pay the Defendants the remainder of KRW 524,437,25 (hereinafter “the second pest control work”).

[Reasons for Recognition] Facts without dispute, Gap evidence 3 through 5, Gap evidence 7-1 through 3, Gap evidence 8, Gap evidence 9-1, 2, Gap evidence 11-1 through 3, and the purport of the whole pleadings.

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