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(영문) 서울중앙지방법원 2019.01.24 2014가합16604
손해배상(기)
Text

1. The Defendants jointly share KRW 836,717,300 with respect to the Plaintiff and the period from December 14, 2012 to January 24, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party D (ship number E, hereinafter “instant vessel”).

The Plaintiff is the owner of the Defendant C Co., Ltd. (hereinafter “Defendant C”).

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) constituted a consortium with H Co., Ltd. and entered into a consortium on September 27, 201, and entered the construction period from October 31, 201 to July 16, 201, as a shareholder holding 10% of the issued shares, and is currently in office as the representative director of Defendant C’s respective representative director. (2) Defendant B Co., Ltd. (hereinafter “G Co., Ltd.”) was changed from September 27, 2013 to the current trade name; and (3) Defendant B entered into a contract with the I Co., Ltd. on October 31, 201, with H Co., Ltd. and entered into the construction period from October 31, 2011.

3) Defendant C around January 12, 2012, with respect to in-depth mixing construction among the above J-building construction works from Defendant B (hereinafter “instant construction works”).

(4) Defendant B’s employees K have been in general charge of the J Construction; Defendant B’s employees L were in general charge of the instant construction work; Defendant B’s employees as Defendant B’s supervisor; and Defendant C’s employees M were in charge of the instant construction site manager from January 12, 2012 to May 30, 2013.

B. The content of the instant construction and the current status of the instant vessels 1) The purpose of the instant construction is to simply improve the submarine brick base (based on a structure without sufficient support). Defendant C leased the instant vessel from the Plaintiff and performed the instant construction as a DCM method to strengthen the brick base by injecting and mixing cement within the brick base. 2) The instant vessel was originally built with a vessel that can perform the instant construction as a vessel that can perform the instant CP (hereinafter referred to as “SCP vessel”) around May 2012 (hereinafter referred to as “DCM vessel”).

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