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Reasons
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(영문) 부산지방법원 2019.01.17 2017가단23710
용역비등
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1. The Defendant shall pay 70,400,000 won to the Plaintiff (Appointed Party) and 15% per annum from August 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The “C” (hereinafter “the instant vessel”) completed the ownership transfer registration on August 6, 2009, and D and its type E used the instant vessel to operate a cargo transport business, etc. with the trade name “FD was registered on February 10, 2004 (Evidence 11).”

B. On October 2016, E requested G Co., Ltd. (hereinafter “G”) to repair the instant vessel.

C. On December 9, 2016, the Defendant: (a) the same month in the name of the Defendant regarding the instant vessel;

5. He shall complete the registration of ownership transfer by reason of sale.

G Repair the instant vessel from October 20, 2016 to January 6, 2017, and its repair cost is KRW 70,400,000.

(hereinafter “instant repair cost”). E.

G was unable to pay wages to the Plaintiff (designated parties; hereinafter referred to as “Plaintiffs”) and designated parties (hereinafter referred to as “Plaintiffs, etc.”) who are their employees. On July 12, 2017, G transferred the instant repair claim against the Defendant to the Plaintiff, etc., and notified the Defendant of the fact of the assignment of the said claim through content-certified mail on July 13, 2017.

[Ground of recognition] Facts without dispute, Gap 1-5, 19 evidence, witness E's testimony, the purport of the whole pleadings

2. The parties' assertion;

A. Plaintiff 1) The instant vessel repair was for the Defendant’s business, and H promised to pay the instant vessel repair cost in installments for three months from the end of April 2017. 2) Even if the subject of the instant vessel repair contract is E, the Defendant did not explicitly express intent to rescind the instant vessel repair contract with G until the completion of the instant vessel repair work on December 5, 2016. Thus, the instant vessel repair contract was explicitly accepted.

3) Therefore, the Defendant is obligated to pay the repair cost to the Plaintiff, who is the transferee of the instant repair payment claim.

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