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(영문) 광주지방법원목포지원 2016.03.23 2014가단53965
손해배상(기)
Text

1. Defendant B’s KRW 42.4 million and the Plaintiff’s 5% per annum from October 9, 2014 to March 23, 2016.

Reasons

1. Determination as to the cause of claim

A. The Defendant B, on September 10, 2014, at the time of the cancellation of the discharge of 09:30 on September 10, 2014, concealed the 2.33 tons of E, which was owned by the Plaintiff, while at anchoring D at the sea near the port of Audit and Inspection.

(hereinafter “instant accident”). B.

The Defendants asserted that the Defendants purchased a new engine instead of the Plaintiff’s existing engine due to the instant accident, and the existing engine acquired at the depreciation price, paid the difference to the Plaintiff, and agreed to pay other repair costs to the Plaintiff, but did not accept the engine. As such, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 43.4 million, including the purchase cost of a new engine, KRW 3.2 million, repair cost, KRW 10.2 million, and delay damages.

C. In full view of the facts that there is no dispute between the parties to the determination, Gap evidence Nos. 6-3, 6-4, 6-7, 6-11, and 8, and the purport of testimony and arguments by witness F, it is recognized that the defendant Eul, the plaintiff's representative, agreed to replace Eul's existing engine with a new engine due to the accident in the instant case, and pay repair expenses. According to the evidence Nos. 3 and 9-4, the costs for purchasing the same engine as the existing engine of Eul are 32.2 million won (the plaintiff sought 3.2 million won based on 10-1, but the above evidence alone cannot be recognized) and the repair expenses of Eul due to the accident in the instant case are 10.2 million won, so the defendant Eul's obligation to pay damages for delay to the plaintiff at the rate of 42.4 million won per annum and 2.5% per annum from the day following the judgment of the court below (the plaintiff's grounds for appeal No. 20130% per annum).

On the other hand.

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