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(영문) 부산지방법원 2019.05.15 2016가합46539
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff USD 89,812.79 and the Defendants’ amounting thereto from November 1, 2017 to May 15, 2019.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff of the parties, etc. is the owner of a ship D (D, 4,675 tons) ship (hereinafter “instant ship”) in China. Defendant B is the representative director of Defendant C Co., Ltd (B before the change: E; hereinafter “Defendant C”).

In addition, F is the captain of the instant vessel, and G limited company (hereinafter referred to as “foreign company”) is the ship operator of the instant vessel.

B. Around 03:00 on November 23, 2013, F anchored the instant vessel at the sea of Ulsan Port E-1 burial ground located in Ulsan-dong defense Dong-dong, Ulsan-gu. However, even if weather conditions have deteriorated at the time, due to negligence not compared to funeral events (e.g., towing at the sea), etc., on November 25, 2013. Around 01:42, at around 50 meters from the south coastwise of the same Dong-dong, the instant vessel was dismantled at approximately 29 meters from its hulls, such as fuel tanks. Accordingly, the instant vessel was destroyed at approximately KRW 540,000,000,000,000 for repair costs, such as damage to its engine and steering engine, and so on.

(2) On December 11, 2013, the Plaintiff delegated the right to manage and dispose of the instant accident to Defendant B via Nonparty Company.

3. From December 23, 2013 to July 17, 2014, Defendant C claimed expenses to Nonparty C for specific purposes, such as vessel towing expenses, penalty money, etc., on the management and handling of the instant accident through e-mail, mail, etc., and the Plaintiff transferred money to Defendant C via Nonparty Company eight times as indicated below.

The ‘$$' refers to ‘US$' at the time of remittance.

1. USD 50,00,000 on December 23, 2013; USD 245,000 on December 27, 2013; USD 5,000 on January 28, 2014; USD 5,000 on May 23, 2014; USD 5,000,00 on June 91, 2014; USD 65,000 on June 16, 2014; USD 7,5,00 on July 10, 2014.

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