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(영문) 서울동부지방법원 2015.08.21 2014가합105095
손해배상 등
Text

1. Defendant Press Co., Ltd.: KRW 64,00,000 for the Plaintiff and its corresponding amount, from July 29, 2014 to August 21, 2015.

Reasons

Basic Facts

Defendant Qack Sing Co., Ltd. (hereinafter “Defendant Company”) is a corporation that runs the waste collection and transportation business, and around November 2012, the Defendant Company planned to move the wastes of Crified Power Plants to the site of a golf course located in Gyeongnam-gun, Namnam-do, and make a reclamation plan.

The full text of the bareboat Lease and Marine Transport Management Contract: The contract for the use of equipment is concluded between the lessee company and the lessor, and the G Representative Plaintiff, as follows, in accordance with the good faith principle:

Article 3 User Fees for Equipment Use shall be KRW 25,000,000 per month (excluding value-added tax).

Article 4 Period of contract from November 21, 2012 to November 20, 2013 (Provided, That it shall be counted from the date of entry into and departure from a ship) Article 8: Repair, operation, and management of equipment

1. Marine management equipment shall be managed by the Plaintiff’s employees;

Article 10. Safety Control and Accidents Responsibility

1. The Plaintiff shall observe all safety rules and perform the work in compliance with the instruction, as set forth in G’s entrusted management business entity G (business entity operated by the Plaintiff) and shall take the responsibility for an accident not work in compliance with G’s safety instruction.

2. The Plaintiff is liable for civil and criminal liability for all accidents of seafarers except for accidents caused by another’s intentional harm.

3. The Plaintiff’s seafarer(s) shall be an assistant who holds a equipment license. The Plaintiff’s captain and the Plaintiff’s crew’s negligence or negligence, duty failure, equipment defect, etc., and flight outside the instructions of the Defendant Company’s work manager are the Plaintiff’s responsibility. The Defendant Company shall not be liable for natural disasters, force majeure accidents corresponding to natural disasters, etc., but the Defendant Company shall not be liable for damages arising after the completion of work hours, and the Plaintiff may not raise any objection against the damages arising out of this case to the Defendant Company.

The defendant company is the above business.

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