(영문) 제주지방법원 2013.10.17 2012가합569

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(영문) 제주지방법원 2013.10.17 2012가합569

손해배상(기)

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1. The Defendant’s KRW 162,031,950 for the Plaintiff and 5% per annum from March 28, 2012 to October 17, 2013.

Reasons

1. Occurrence of liability for damages;

A. In fact, (1) the occurrence, etc. of the first accident, etc., of the Plaintiff’s ownership (hereinafter “instant vessel”) suffered damage, such as the loss of the player’s part due to the radio waves, which was returned to the Seongdong Port on January 29, 201, after completing operation around 05:0 on January 29, 201.

(B) (B) On January 30, 201, the Plaintiff entered into a contract with the Defendant to move the instant vessel to a shipbuilding yard, and to repair the damaged part due to the first accident and install the frame of the horse masters by February 5, 2011.

On February 6, 2011, the Defendant carried out the commercial building and repair of the instant vessel in accordance with the aforementioned contract.

(2) (A) around 10:00 on February 13, 201, the occurrence of the second accident occurred, while the Defendant moving the vessel’s hulls on the side of the instant vessel using three strings installed in the Defendant’s shipbuilding yard, the said strings were not able to cope with the weight of the instant vessel, and there was an accident of falling off from the said strings to the strings of the instant vessel, and the occurrence of the accident that the instant vessel’s stem from the said strings was destroyed.

(hereinafter referred to as “the second accident”). (B) After that, the plaintiff and the defendant did not agree on the repair of the damaged part due to the second accident. Since February 18, 2011, the ship of this case was not repaired.

(3) On March 31, 2011, the Defendant filed an application for voluntary auction of the instant vessel with the Changwon District Court Jinwon Branch C, and received the decision to voluntarily commence auction on April 1, 201, and filed an application for the preservation of evidence against the instant vessel under the aforementioned support as the Defendant filed an application for voluntary auction of the instant vessel.

The above court's decision to preserve evidence does not exceed the CEL fire & marine damage adjusting company selected as an appraiser.

유사 판례

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