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1. The judgment of the court of first instance is modified as follows.
Busan District Court 2015No1 Ship Liability Limitation case.
Reasons
1. Basic facts
A. 1) O Co., Ltd. (hereinafter “O”)
A Co., Ltd. (hereinafter the Plaintiff and Defendant A Co., Ltd.) (hereinafter the Plaintiff and Defendant A Co., Ltd.) are the contractors of nearby the Port ofY, the Plaintiff (2016Gahap51968) and the Defendant [2016Gahap40873 (Merger), 2017Gahap52121 (Merger)]
[1] The Corporation shall do so from O to the Corporation to the Corporation in the above terminal construction (hereinafter referred to as the “instant construction”).
(2) On January 15, 2015, the Plaintiff entered into a contract for the use of maritime equipment (hereinafter “instant charter contract”) with the Z, the real owner of Qho (hereinafter “instant sub-ship”) on January 15, 2015, to transport the instant work materials for the instant construction.
When concluding a contract for the use of marine equipment in the equipment use contract, the user for convenience shall be referred to as "A", and the owner shall be referred to as "A".
Article 2 (Place of Use) of Q 12,00,000 won Q 12,000 won per month for the number of equipment names: Contracts for the use of maritime equipment under Article 3 (Contract Period) of the P on-site shall be determined from January 15, 2015 to June 30, 2015 when maritime equipment is delivered to the Plaintiff by the Plaintiff, and may be shortened and extended under mutual agreement between the Plaintiff and AA.
Article 4 (Management of Marine Equipment) AA shall lease the equipment of the above indication to the Plaintiff, and the Plaintiff shall give written or verbal instructions for the work of the maritime equipment to be used during the contract period, and the work and management shall be conducted with the responsibility and technology of AA, and the responsibilities thereof shall also be borne by A.
Article 5 (Method of Prohibition by Proxy)
1.The payment shall be made at the end of each month in accordance with the Plaintiff’s payment regulations within 25th of the following month.
2.The receipt of rents under this Agreement shall be governed by a statutory tax invoice.
3. In principle, food allowances shall be paid by the Plaintiff to A for convenience and paid by A to the employees of A.
Article 7 (Responsibility for Safety Management and Accidents)
1. AA shall observe the safety rules determined by the Plaintiff.
2.A's typology.