(영문) 부산지방법원 2015.07.24 2015나6040 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.07.24 2015나6040

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of dredging construction business and civil engineering business, and the Defendant is the owner of the barge B (unpowered Ship) as a rental business operator, and the Plaintiff became aware of the Defendant while leasing the instant barge by introducing C.

B. On May 29, 2013, the Plaintiff drafted a contract on May 20, 2013 between the Defendant and the Defendant to lease the instant barge, and the lease period was determined as KRW 18 million per month from May 20, 2013 to May 20, 2013, and the rent was determined as KRW 18 million per month.

(hereinafter “instant contract”). [Ground of recognition] A-1] Facts without dispute, evidence No. 1, the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) concluded the instant contract on May 20, 2013, and the Defendant had a duty to provide the instant barge to the Plaintiff pursuant to the instant contract. However, even if the Plaintiff did not perform the said obligation for two days from May 27, 2013, the Defendant is obligated to compensate the Plaintiff for the damages incurred in aggregate of KRW 8,067,67,670, such as equipment, materials, and management expenses, and thus, the Defendant is obligated to compensate the Plaintiff for the said damages. (2) The Defendant’s assertion that the Plaintiff and the Defendant had a dispute regarding the period and rent at the time of the instant contract, but the Defendant supplied the instant barge on May 20, 2013 at the Plaintiff’s request. However, the Defendant supplied the instant barge on May 20, 2013 at the Plaintiff’s request, the Plaintiff requested the Plaintiff to refuse to prepare a contract specifying the rental period and the rent, and the Defendant did not have a duty to compensate the Plaintiff for the damages incurred prior to the instant contract.

B. In order to establish a judgment contract, there is a need for an objective agreement between several declarations of conflict between the parties and objective agreement.

유사 판례

-인천지방법원 2014.10.07 2013가단86129

-부산지방법원 2015.06.11 2014가단55648

-부산지방법원동부지원 2016.01.29 2015가단17489

-부산지방법원 2016.07.21 2016가단17237

-부산지방법원 2016.07.06 2014가합2092