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(영문) 대구지방법원경주지원 2015.11.24 2015가단2440
수리비
Text

1. The Defendant’s KRW 22,513,690 for the Plaintiff and KRW 6% per annum from November 26, 2014 to June 15, 2015.

Reasons

1. In full view of Gap evidence Nos. 1 through 4 of the judgment as to the cause of the claim, and the purport of the entire pleadings as to the witness C’s testimony, the plaintiff is a person operating engine parts, engine repair, wholesale business, etc. with the trade name “E”, the plaintiff is awarded two engines equivalent to 12,00,000 won from the defendant’s vessel (hereinafter “the vessel of this case”) on a contract with the defendant for repair, such as the main engine engine parts, etc., and the engine parts, which are equivalent to 12,00,000,000 won for the remaining repair costs (8,00,000,000 won for the main engine, 42,000,000 won for electrical construction, 40,000 won for the total repair costs, 16,000 won for the main engine parts, 30,000,000 won for the main vessel of this case, and 14,015,000 won for repair.

The Defendant paid to the Plaintiff the Plaintiff KRW 11,000,000, a sum of KRW 6,000,000, KRW 5,000 in cash, and KRW 11,00,00 in direct personnel expenses on behalf of the Plaintiff. ③ The Plaintiff received KRW 27,00,000 ( KRW 12,00,000 in total) from the Defendant on behalf of the Plaintiff and received KRW 11,00,000 in total from the Defendant.

Therefore, the Defendant calculated the remainder of KRW 22,513,690, excluding KRW 27,00,000,000, which was paid to the Plaintiff among the above repair costs of KRW 49,513,690 ( KRW 42,00,000) and damages for delay calculated at each of the annual rates of KRW 20,513,690 from November 26, 2014 to June 15, 2015, the delivery date of a copy of the complaint of this case, from November 26, 2014 to June 15, 2015, as stipulated by the Commercial Act, 15% per annum from the following day to September 30, 2015, and 20% per annum from the next day to the day of full payment.

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