The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The Plaintiff is engaged in the manufacture and repair of vessel components under the trade name of “C” (formerly “D”), and the Defendant is the owner of a fishing vessel E (fishing vessel number F; hereinafter “instant fishing vessel”).

G On March 25, 2019, upon the Plaintiff’s request, performed freezing and repair work of the instant fishing vessel. On April 4, 2019, the instant fishing vessel occurred in an engine room due to dynasism (hereinafter “the instant fire”).

The Plaintiff accepted the instant fishing vessel damaged by the instant fire from April 13, 2019 to May 17, 2019.

The Defendant concluded a fishing vessel accident compensation insurance contract with H organization (hereinafter “H organization”), and the H organization claimed insurance proceeds by calculating the sum of KRW 585,850,000, fishing vessel repair cost of the instant fishing vessel damaged by the instant fire, KRW 70,33,00, and KRW 100,183,000, and KRW 786,183,000, and KRW 499,000,000,000 from the H organization.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply) and the fact-finding on the racing of this Act. As a result of the inquiry, the plaintiff asserted the purport of the whole pleadings as to the fishing vessel of this case after being requested to repair the fishing vessel of this case by G through G, and the plaintiff was repaired the fishing vessel of this case. Thus, the defendant is obliged to pay to the plaintiff the repair cost of the fishing vessel of this case to the plaintiff 54,63,080 won and delayed damages.

The Defendant requested G to repair the freezing of the instant fishing vessel, and the fire occurred on the instant fishing vessel due to negligence during repair of G.

Accordingly, the defendant requested G to repair the fishing vessel of this case, and there is no need to entrust the plaintiff with the repair of the fishing vessel of this case.

Judgment

The following circumstances are comprehensively taken into account the above facts and evidence Nos. 2 and 7, witness G testimony, and the entire purport of the pleading.