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(영문) 부산지방법원 2015.07.16 2014가합3842
수리대금
Text

1. The Defendant’s KRW 136,611,620 as well as 6% per annum from June 2, 2015 to July 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person engaged in the repair business of ships under the trade name of “B”. On February 18, 2013, the Plaintiff is a person engaged in the repair business of ships, and as a broker by C, a vessel repair business operator, the Defendant and the Defendant are as follows: D and E (hereinafter “each of the instant vessels”) each of which the Defendant was performing vessel agency duties.

A) Each repair contract was concluded with the effect that the Plaintiff would repair electric installations, etc. (hereinafter “each repair contract of this case”).

2) Meanwhile, the main contents of each repair contract of this case are as follows.

[The following are parts of D’s repair contract, or those of the ship’s name to be repaired are all the same in addition to those of the ship’s name to be repaired “E”] Co., Ltd., Ltd. - Under the following circumstances:

- The business registration number F.B. - The following “contractor”:

- The contract shall be entered into as follows:

1. 1.1 The contractor’s “customers” is to deliver a fishing vessel (F/V; F/V; Fishing Vssslance) as a pilot, and the contractor’s “contractors” shall accept it for repair.

The "contractor" shall use his/her work person, subcontractor, materials and devices for repair in accordance with the repair specifications specified in Appendix 1, which are essential parts of this Agreement.

2.1 Repair of a ship under technical conditions 2.1 shall be conducted in accordance with the specified technical documents and conditions.

3. In the event of discovery of an inappropriate part of the portion accepted by a customer or an owner of a ship, the repair part must be excluded from the work description.

In addition, the cost of the work must be excluded from the total cost of repair.

4.1 Vessel Repair Time Limit shall be April 15, 2013.

However, the date of work shall be changed by additional work.

5. Unless the penalty 6.1 is in force, “contractor” shall be deemed to be a “customer” if it fails to comply with the agreed period.

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