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1. The Defendant: KRW 79,200,00 for Plaintiff A; KRW 18,70,000 for Plaintiff B; KRW 54,467,320 for Plaintiff C; and KRW 11,00 for Plaintiff D.
Reasons
1. Facts of recognition;
A. The Defendant registered a business with the trade name of “F” and owned G and H (hereinafter “instant vessels”) and operated a tugboat business, etc.
B. The Defendant concluded a charter contract on the vessel of this case with the Construction Civil Sea Co., Ltd. (hereinafter “Building Civil Sea”). The above charter contract stipulates that the Defendant, the owner of the vessel, bears the repair cost of the vessel, and the Construction Civil Sea has designated the repair company on behalf of the Defendant in relation to the repair of the vessel of this case and agreed on the repair cost of the vessel.
C. The Plaintiff A has not received KRW 79,200,000, out of the repair cost of KRW 112,200,000.
Plaintiff
B has not received 18,700,000 won for repair costs after repairing the instant vessels.
E. The Plaintiff C has not received KRW 54,467,320, out of the repair cost of KRW 59,467,320.
F. The Plaintiff D does not receive 1,00,000 won for repair costs after repairing the instant vessels.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 28 (including provisional number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A the unpaid repair cost of KRW 79,20,00, KRW 18,700,000 for the Plaintiff B, KRW 54,467,320 for the Plaintiff C, KRW 11,00,000 for the Plaintiff D, and KRW 11,00,000 for each of the above amounts, and KRW 15% for the following day of the record from June 10, 2017 to November 23, 2017, which is the date of this decision, as the Plaintiffs seek, to pay damages for delay at each rate of KRW 79,20,00 for the Plaintiff B, KRW 18,70,00 for the payment of unpaid repair cost for the instant vessel.
3. As to the Defendant’s assertion, the Defendant only lent the instant vessel to the Domin Sea, and the Domin Sea shall have the power to represent the instant vessel’s repair.