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1. The Defendant shall pay to the Plaintiff KRW 82,585,052 as well as 20% per annum from February 5, 2013 to the day of complete payment.
Reasons
Facts of recognition
The Defendant: (a) was a company managing a ship belonging to the merchant ship company (hereinafter referred to as “here-board ship”; and (b) around March 12, 2010, requested repair of A (A; hereinafter referred to as “instant ship”); (c) the Plaintiff completed repair from March 12, 2010 to March 27, 2010; and (d) was signed by B, the captain’s employee, who was the captain of the instant ship.
On June 1, 2011, the Plaintiff claimed the cost of repair of the instant vessel against the merchant vessel that was committed by the Plaintiff (hereinafter “instant court 2010Gahap8962”) and rendered a judgment on June 1, 201, stating that “The Defendant shall pay to the Plaintiff 82,585,052 won and the interest rate of 6% per annum from May 28, 2010 to June 1, 201, and 20% per annum from the next day to the date of full payment” was finalized on the 25th day of the same month.
[Ground of recognition] In light of the fact that there is no dispute, Gap 1, 2, 3, 4 evidence, witness C’s testimony, and fact-finding with respect to fact-finding on July 10, 2013, the defendant can be deemed a party who entered into a repair contract of the ship of this case. Thus, the defendant is liable to pay to the plaintiff the amount of KRW 82,585,052 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 5, 2013 to the day of full payment after delivery of a copy of the complaint of this case.
The plaintiff claims damages for delay from March 27, 2010.
Although the evidence No. 4-1 stated that payment is made within 60 days after the completion of construction, it is difficult to see that it is an agreed content among the original defendant, and considering the circumstances determined at the end of the lawsuit, the delivery date of a copy of the complaint of this case containing a peremptory notice to perform the above obligation, in consideration of disputes between the plaintiff, the merchant ship that committed the act, and the defendant as to the cost of repair of this case.