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(영문) 인천지방법원 2017.10.24 2017가합51524
손해배상(기)
Text

1. The Defendant’s KRW 132,558,322 as well as 5% per annum from November 18, 2016 to October 24, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in shipbuilding and repair of vessels, maritime extraction and extraction of aggregate, etc., and the Defendant is a company that engages in maritime transport business, ordinary operations, and sales business of aggregate.

B. On June 4, 192, a limited liability company A (former B Co., Ltd.) obtained permission to occupy and use public waters with the purpose of using sand or structures from the head of Kimpo-si for cleaning and storage in the name of his/her director for the purpose of using 17,851 square meters in the name of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant public waters”), and obtained permission to occupy and use public waters for the purpose of using sand or structures from July 29, 201 to August 4, 2016 from Kimpo-si, Kimpo-si, Kimpo-si for a period from August 5, 2011 to August 22, 2016 (hereinafter “instant public waters”).

C. On November 5, 2015, a limited liability company A was declared bankrupt by Seoul Central District Court Decision 2015Hahap100153, and the bankruptcy trustee of the debtor limited liability company A (hereinafter “A”) was permitted to sell the permission to occupy and use the public waters of this case from the above bankruptcy court to the Plaintiff on March 9, 2016. On March 11, 2016, a limited liability company A entered into a contract on the transfer of the permission to occupy and use the public waters of this case to the Plaintiff in return for the Plaintiff’s succession of the user fee for the occupancy and use of the existing public waters of this case between the Plaintiff and the Plaintiff on March 11, 2016.

On March 18, 2016, the Plaintiff reported the transfer of the right and obligation to permit the occupation and use of the public waters of this case to the Kimpo-si Mayor according to the above transfer and acquisition contract, and the Kimpo-si Mayor on March 30, 2016 shall be governed by the Act on Management and Reclamation of Public Waters and the Enforcement Decree of the same Act.

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