(영문) 인천지방법원 2015.02.12 2013가단220028

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(영문) 인천지방법원 2015.02.12 2013가단220028

채무부존재확인

Text

1. The Plaintiff’s remainder of KRW 55,00,000 against the Defendant on September 25, 2012 under the contract for the sinking Line Construction Work.

Reasons

A. The Plaintiff is responsible for the damage of the vessel and various accidents.

(The plaintiff shall be fully responsible for the restoration of vessels). 4. The diving team for the restoration of vessels on the water surface of the sunken vessel shall be the defendant (B).

6. The defendant will work to prepare for restoration works in a moving state while the sunken vessel is out of the water surface, moving to the lower depth (10 m-20m in the depth) and moving to the lower depth of the water;

7. The defendant's work shall be done at a intervals until the sunken vessel restores the water surface and starts from the Incheon Port.

15. The defendant shall prepare all the equipment and materials before the sinking vessel is restored.

(Provided, That the Plaintiff’s purchase of materials necessary for restoration and the Defendant’s main face, the Defendant’s contact, or underwater contact, and the Defendant’s liability for the contact does not exist to the Defendant). 16. The Plaintiff should pay KRW 5,00,000 as an audit honorarium to the Defendant upon completion of the work by the Defendant (B).

* Restoration means the condition that a sunken vessel is placed on the water surface under normal conditions, following the sunken vessel leaving the water surface.

On May 30, 2013, the defendant started support work and attempted to support the ship by inserting back the ship of this case which was sunken under the former condition, and the same year.

6.3. Around around 3.0, the player part of the instant vessel was above the surface of the sea level of three to four meters.

However, the ship of this case had a number of spawns, and the fisher and the defendant requested the plaintiff to prevent the spawn from having spawn.

The plaintiff did not comply with this and requested the defendant to continue to injecting.

In the event that the Plaintiff continues to injecting fish, it may pose a risk of collision, such as the collision of vessels, and there may be a large amount of expenses. The Defendant and the Plaintiff suspended injecting fish, and the instant vessel came to sit down below the surface of the sea.

E. Thereafter, June 2013

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