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(영문) 부산지방법원 2014.07.16 2012가합20508
손해배상(기)
Text

1. The Plaintiff’s 500,540,523 won and its corresponding from November 2, 2012 for a joint debtor construction company.

Reasons

1. Basic facts

A. The party-related plaintiff is a corporation engaged in marine transportation, etc. as the owner of the barge B (hereinafter “instant vessel”), and the rehabilitation debtor construction company (hereinafter “Rehabilitation debtor”) is a corporation engaged in the construction business, etc.

B. A debtor’s construction contract and a sea route dredging permission debtor entered into a construction contract with the Korea Water Resources Corporation for the construction of Section 2 Section of the Silung-dong, Chungcheongnam-si (hereinafter “Silung-si”). On May 11, 2006, the Incheon Regional Maritime Port Authority (hereinafter “C site”) obtained permission from the Incheon Regional Maritime Port Authority for the dredging work for the sea route of the Incheon C Northern Port (hereinafter “C site”).

A debtor is expected to open a sea route by dredging sand at C at the same time, and the sand is expected to be used as a landfill in the field of drilling, but it was excessive to ensure the recovery of the debtor for rehabilitation instead of dredging the sea route with five times or more of the permission for dredging construction at C at the site.

C. The lease history 1) The instant vessel was built by D Company E on November 13, 2009, and the Plaintiff purchased from E on November 20, 2009, and was subcontracted for construction, such as sand dredging, on December 23, 2009, by the rehabilitation debtor, on December 23, 2009 (hereinafter “T-road development”).

(2) On September 26, 201, the Plaintiff and the rehabilitation debtor entered into a direct lease agreement with respect to the instant vessel on the following terms (hereinafter “the instant primary lease agreement”) between the rehabilitation debtor and the instant vessel on September 26, 201: (a) on March 1, 201, only the term of lease from March 1, 2012 to September 25, 201, the Plaintiff changed only the term of lease from March 1, 2012 to September 25, 2012.

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