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(영문) 서울고등법원 2016.09.09 2016나2013312
손해배상(기)
Text

1. Of the damages for delay against the defendant in the judgment of the court of first instance, the damages for delay against the defendant in the judgment of the court of first instance shall be 6,41,074 won on April 25, 2014.

Reasons

1. The facts below the basis facts do not conflict between the parties, or are acknowledged by Gap's evidence Nos. 1, 2, 3, 4, 5, 8, Gap's evidence No. 12-1, 2, Gap's evidence No. 14, 15, Gap's evidence No. 27-1 through 8, Eul's evidence No. 27-1, and Eul's evidence No. 1.

[1] The plaintiff is a person who engages in cargo transport business using Busan C 25 tons Kackle (hereinafter "the plaintiff of this case")

The Defendant is a company that was awarded a contract with the Co-Defendant KS Construction Co., Ltd. (hereinafter “SK Construction”) for “D Construction” (hereinafter “instant construction”).

[2] On March 31, 2014, the Defendant concluded a lease charter between E (F) and tugboat G in order to transport materials, etc. necessary for the instant construction work, and the first instance co-Defendant B (H) and barge I respectively.

The contract period is from March 31, 2014 to the same year.

4. up to 30.30. Fees are the same as 15 million won.

The main contents of each of the above contracts commonly agreed upon are as follows:

“A” (referring to the Defendant) is operated from a good position under the management responsibility of “A” by leasing G or I, the ownership of “B” (E or B).

(Management Responsibility) The captain and crew must comply with the instructions of the “A” and, if the captain and crew do not comply with the instructions of the “A” and act, such as drinking at will, they should be held responsible.

(C) On April 24, 2014, J, an engineer of this case, completed the loading and unloading work of construction materials in the barge I, located in K located in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant site”) on April 24, 2014, and when he landed from the said barge, while I was pushed off the instant camera to the sea, there was an accident that the instant camera was placed into the sea by the Defendant.

(hereinafter “instant accident”). The instant accident is a medical treatment for approximately three weeks. J shall provide approximately three weeks’ medical treatment.

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