beta
Text
1. On February 2017, the Defendant: USD 80,118 in U.S. dollars and USD 780 in U.S. dollars to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant received a contract for repair from D, an agent of the Russia Co., Ltd. (detailed details are as follows) for the vessels owned by C, and the Defendant, among them, subcontracted the repair to the Plaintiff on February 1, 2017 for the deep-class deep-class deep-sea fishing vessel E, which is anchored at the port of Busan, Busan.
The Defendant supplied the entire repair parts to the Plaintiff by the Defendant’s contractor E in the name of the ship contractor, and the Defendant supplied the repair parts to the Plaintiff, and the Defendant repaired the Defendant’s repair D Defendant 1.
B. Accordingly, the Plaintiff completed repair from February 13, 2017 to March 31, 2017, and E departs from the sinking Port on April 1, 2017.
C. The Defendant received USD 95,000 from D on April 26, 2017, and USD 68,500 on August 23, 2017, respectively, before deducting the multiple remittance fees;
There are many kinds of statements that the defendant received from D even before that date.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 14, the purport of the whole pleadings
2. The Plaintiff, the cause of the instant claim, claiming for the payment of the following amounts and damages for delay, to the Defendant:
E Subcontract Repair Costs (for distinction between this, the repair Costs that the Defendant received from D refers to the “original repair Costs” for convenience: USD 125,421.
(b) Costs for parts F (supply on February 10, 2017): USD 780;
(c) Costs for G parts (supply on February 27, 2017): USD 1,550;
D. The “Sar Rate” price supplied on March 30, 2017: USD 120.
3. Determination
A. The Plaintiff asserts that the E-subcontract repair cost is USD 125,421, based on Gap evidence No. 5 (Work List) and No. 6 (invoe).
However, this is nothing more than the amount unilaterally claimed by the plaintiff without agreement with the owner or the defendant.
In addition, the defendant added the defendant's profit to D.