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1. The Defendant’s KRW 32,030,840 as well as 5% per annum from January 8, 2015 to June 2, 2016 to the Plaintiff.
Reasons
1. Circumstances of the instant accident
A. The relationship 1) The Plaintiff is a company running marine transportation business. The Gunsan City selected the Plaintiff as a service company for transporting garbage in six islands within the jurisdiction of the Gunsan City through open tendering, and concluded a service contract with the Plaintiff on October 22, 2012. The Plaintiff subcontracted the Defendant with respect to the collection of garbage and the transportation of garbage in B and C among the six islands at the end of October 2012. 2) The Gunsan City concluded a cleaning agency contract with the Seo Sea Environment (hereinafter “Song Sea Environment”) and the Gunsan City on the disposal of domestic waste generated within the jurisdiction of the Gunsan City. The main contents are as follows.
The Yellow Sea Environment is a company that carries on a business for environmental beauty and died of the accident in this case as seen below (hereinafter referred to as “the deceased”) and has worked from October 25, 200 to the time of death.
Article 1 (Scope of Pollution Agency Business) (1) The Seodaemun Sea Environment shall classify domestic wastes discharged from Dong areas in the Gunsan City into household wastes and recyclables and dispose of them in good faith in compliance with all the laws and regulations, such as the Wastes Control Act.
(2) The Yellow Sea Environment shall be collected according to the collection schedule determined by the military market price, and where special cleaning factors occur as a result of reduction due to any special reason, the Seodaemun Sea Environment shall comply with the request for mobilization of equipment of the military market price and street cleaners without delay.
B. 1) The Defendant, on November 15, 2012 and November 16C and B of the same month, owned by the Defendant (hereinafter “instant vessel”)
A) On November 17, 2012, at around 05:00, the Defendant arrived at the port bridge in the Gunsan-si Port located in the Gunsan-si Sea (hereinafter referred to as the “Simsan-si”), and on November 19, 2012, the Defendant used wastes loaded on the instant vessel to load them to a Simsan-si waste removal vehicle using the route. (ii) The Defendant tried to run the vehicle on the waste by using its route, but is out of order.