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(영문) 인천지방법원 2015.02.11 2013가단91602
공사대금
Text

1. The Plaintiff is the Defendant’s Republic of Korea Incorporated Co., Ltd. with KRW 1,009,950, and Defendant Coastal Petroleum Co., Ltd with KRW 7,290,800.

Reasons

1. Basic facts

A. The relationship between the parties is that a person engaged in the vessel repair business with the trade name of “B”, and Defendant Korea-Lib Co., Ltd. (hereinafter “Defendant Korea-Lib”) is the former owner of C (113 tons, hereinafter “the instant vessel”) who is a flagline, for the purpose of salvage business and vessel dismantling business, and Defendant Coastal Petroleum Co., Ltd. (hereinafter “Defendant Coastal Petroleum”) is a corporation with the purpose of maritime oil supply business, etc. as the present owner of the instant vessel.

B. Around February 2009, the first vessel repair Plaintiff requested the repair and remodeling of the instant vessel from Defendant Korea-be, and issued a written estimate (No. 5) stating a total of KRW 47,375,000 (value added tax) to Defendant Korea-be on February 23, 2009.

After that time, the Plaintiff repaired the instant vessel from around that time to September 28, 2009, and was engaged in additional repair operations from November 22, 2012 to December 19, 2012 at the request of Defendant Korean War.

(C) The Plaintiff purchased each of the aforementioned vessel’s repair works from Defendant Korea-be, with the aforementioned terms of vessel repair cost, KRW 10 million on March 6, 2009, KRW 10 million on September 28, 2009, KRW 500,000 on February 16, 2010, KRW 200,000 on September 16, 201, KRW 300,000 on February 1, 201, KRW 30,000 on September 27, 201, KRW 200,000 on September 21, 201, KRW 30,000 on September 27, 201, KRW 200,000 on August 16, 2013, KRW 30,000 on September 27, 203, respectively, and completed the instant vessel repair work on September 21, 2013.

2. Determination

A. 1) With respect to the cause of the claim, the Plaintiff is entitled to the terms of the vessel repair contract.

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