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(영문) 광주지방법원순천지원 2016.10.06 2013가합4341
손해배상(기)
Text

1. As to KRW 22,00,00,00 among the above money and KRW 817,199,187 to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 39,60,00.

Reasons

1. Basic facts

A. On January 20, 2012, the Defendant entered into a service contract with the Daelim Industry Co., Ltd. with the content that the construction of Jeju Han River and Sea wind meteorological tower (hereinafter “instant construction”) will be carried out under a contract. On December 12, 2012, the Defendant entered into a service alteration contract with the term of contract from January 20, 2012 to June 30, 2013, with the contract amount of KRW 2.86 billion (excluding value-added tax).

B. On October 29, 2012, the Defendant entered into a equipment lease agreement with the Plaintiff to lease a barge A owned by the Plaintiff (hereinafter “instant vessel”) (hereinafter “instant contract”) in order to conduct maritime operations related to the instant construction on the fixed bus line on the sea surface, and the key contents thereof are as follows.

Article 2 (Lease Period and Place of Use): The lease period for the equipment installation site for the Jeju Han River and Sea wind power (the front sea of the Han River Eup principle): the lease period for the equipment from October 29, 2012 to October 29, 2012 shall be KRW 120 million per month (value-added tax separately).

Expenses for the return transport of equipment shall be KRW 44 million (excluding value-added tax).

Article 4 (Payment Terms and Conditions) The payment of rent shall be made in cash 60 days after the end of each month.

Provided, That the rent shall be paid in cash after 30 days.

Article 5(oil and sediment) Section B(Defendant)(1) provides oil and expendable goods expenses, news articles, and allowances (for each person, including news articles, one million won/months), and accommodation is responsible at the site of B.

Article 6 (Maintenance of Equipment) The cost of repairing Equipment shall be consulted with each other depending on the responsibility of the Plaintiff (Plaintiff) and the cause attributable to him/her.

Article 7 (Safety Control) 1) Operational officers and members of the Equipment shall observe all the safety rules set forth in B and work in accordance with the direction of B. 2) Operational officers shall be persons holding a driver’s license of the Equipment and shall be insured against by unilateral negligence or defect in equipment.

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