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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. Around June 2013, the Plaintiff and the Defendant entered into a charter agreement (hereinafter “instant charter agreement”) with the Defendant, whereby the Plaintiff used the barge A (ship number D, hereinafter “instant barge”) leased from Hansung Shipping Co., Ltd. as the period of use from June 23, 2013 to June 27, 2013, and the charterage of KRW 9.9 million (including value added tax).
B. Around June 2013, the Defendant entered into a contract of carriage of goods at the time of transporting the equipment to the Incheon Northern Port from Ulsan, Inc. (hereinafter “instant contract of carriage of goods”).
On June 27, 2013, the instant barge arrived at the Incheon Northern Port Quarantine Cemetery (a place where a ship submits a report, etc. to the quarantine office before arrival and a place where anchors are waiting to take quarantine) that the Defendant charter separately from E (hereinafter referred to as “the instant tugboat”) in the contract of carriage of the instant goods, and opened a stop stop.
C. As above, the fleet B on board the instant barge knew the captain of the instant tugboat at the time the instant barge was covered by poppy in the quarantine cemetery, which led to the breakdown of air conditioners of the instant barge.
Since then, the instant barge was operated as a method of supplementing cooling water, and string the stringer, and then re-claimed the stringer at the Incheon Northern port around 18:00 on the same day, and re-claimed the stringer on the wharf, and the mooring line near the mother side of the instant barge was connected to the wharf, and the loading and unloading work was completed between 19:00 and 21:40 on the same day.
At the time of the completion of loading and unloading, the air conditioning system of the instant barge generator was separated and left to repair.
The instant barge, which was not able to contain a strawer, which was laid down due to the failure of the power generator, is bound to the mooring line as above.