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(영문) 광주지방법원목포지원 2015.01.22 2013가합1629
손해배상(기)
Text

1. The Defendants’ joint and several liability amounting to KRW 81,690,000 to the Plaintiff and the Defendants’ joint and several liability amounting to May 2, 2013 to January 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company for the purpose of the construction machinery rental business, which is the owner of CF flag (type: LTM 1200 tons, size: 200 tons, annual formula: 190; hereinafter “instant flag”). Defendant A is the representative of the shipbuilding company called “D”, and Defendant B is the husband of Defendant A who actually operates D.

B. Defendant B requested the Plaintiff to rent a string period to the Plaintiff to set up a dried vessel (FRP) on the sea on the commercial zone, and on May 2, 2013, the Plaintiff leased the instant string period to Defendant B at KRW 2,00,000,000 per day including E, a driver of the instant string period.

C. At a night of the same day, Defendant B connected the wire ropes to the front and rear of the vessel located in the commercial zone, and the wire ropes of the front and rear (the player and the land direction) were attached to his employees, and the back (the stern and the sea direction) wire ropes connected to the weather season of this case were operated by E.

However, while E operating the above strings, the ropes of the players employed by the employees of Defendant B were cut, while the said strings were cut down, and the said strings continued down at a rapid speed from the commercial premises, while the said strings shocked the lower parts of the instant strings.

(hereinafter “instant accident”). 【No dispute exists, entry of Gap evidence Nos. 1 through 3, Gap evidence Nos. 8-1 through 14, the purport of the entire pleadings and arguments.

2. The parties' assertion

A. The Plaintiff’s assertion occurred due to Defendant B’s negligence, and Defendant A is the employer and partner of Defendant B, and is also liable for the foregoing accident.

Meanwhile, after the above accident, the Plaintiff spent KRW 26,300,000 as the repair cost for the term of the instant period and KRW 15,400,00 as the shuttle transport cost to the repair place. The Plaintiff was unable to operate the said term during the repair period, and KRW 75,000,000 (i.e., the reasonable monthly rent of KRW 50,000 x 45 days/30 days for the repair period).

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