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Reasons
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(영문) 부산지방법원 2017.11.08 2016가합51968
사정재판에 대한 이의의 소
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1. On December 7, 2016, Busan District Court 2015 U.S. Decision 2015 U.S. Supreme Court Decision 2015 U.S. Decision on Ship Liability.

Reasons

1. Basic facts

A. 1) The Plaintiff (2016Gahap51968) and the Defendant [2017Gahap40873 (combined), 52121 (Consolidated)] (hereinafter the Plaintiff (2016Gahap51968) and the Defendant [2017Gahap40873 (Joint), 52121 (Consolidated)] are “Plaintiffs” (hereinafter the Plaintiff and the Defendant [2017Gahap40873 (Joint), 52121 (Consolidated)].

The P Corporation (hereinafter referred to as the “instant Corporation”) from Non-Party O Co., Ltd.

(2) On January 15, 2015, the Plaintiff entered into a contract for the use of maritime equipment (hereinafter “instant charter contract”) with R (hereinafter “owner”) which is the owner of Qho (hereinafter “instant vessel”) on January 15, 2015 in order to transport materials for the said construction work.

When concluding a contract for the use of marine equipment in the equipment use contract, the user for convenience shall be referred to as "A", and the owner shall be referred to as "B".

Article 2 (Place of Use): Contracts for the Use of Marine Equipment at P Site Article 3 (Contract Period) of the P-site, which shall be determined from January 15, 2015 to June 30, 2015, as the maritime equipment is delivered to A, and may be shortened and extended under mutual agreement between A and B.

Article 4 (Management of Maritime Equipment) B shall lease the equipment of the above indication to A, and A shall provide written or verbal instructions for the work of the maritime equipment to be used during the contract period, and work and management shall be conducted with the responsibility and technology of B, and shall also be responsible.

Article 5 (Method of Prohibition by Proxy)

1.The payment shall be made at the end of each month in accordance with the payment regulations of A within 25th of the following month.

2.The receipt of rents under this Agreement shall be governed by a statutory tax invoice.

3. The food allowance shall, in principle, be paid to A for convenience and paid to B for employees of B.

Article 7 (Responsibility for Safety Management and Accidents)

1. Eul shall observe safety rules prescribed by Gap;

2.An accident resulting from the intentional danger to other persons of Eul.

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