(영문) 인천지방법원 2015.09.04 2014나3849 | 리걸엔진

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(영문) 인천지방법원 2015.09.04 2014나3849

손해배상(기)

Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On January 18, 2010, the Plaintiff entered into a shipbuilding contract with the Defendant on April 15, 2010 with a total tonnage of 7.93 tons coastal fishing vessels (hereinafter “instant vessel”): KRW 140,00,000 for the shipbuilding contract amount of the shipbuilding yard contract for the shipbuilding yard of KRW 178,650,000 for the shipbuilding yard; KRW 20,000 for the shipbuilding yard; KRW 7,500 for the shipbuilding yard; KRW 7,500 for the shipbuilding yard; KRW 6,650,000 for electronic equipment; KRW 7,000 for power generation; KRW 7,000 for the shipbuilding yard; and KRW 7,000 for the shipbuilding vessel on April 15, 2010 for the delivery date (hereinafter “instant shipbuilding contract”).

B. On April 30, 2010, the Defendant cut the back portion of the instant vessel to undergo the ship inspection on the same day, and the occurrence of an accident in which seawater flows into the engine room of the instant vessel through the cut portion of the locked water (hereinafter “the flood accident”).

C. The plaintiff did not undergo the ship inspection on April 30, 2010 due to the flood accident of this case, and thereafter did not undergo the ship inspection on the ship of this case.

5.3.To pass a ship inspection, and the next day.

5.4. Obtaining a certificate of fishery permission;

[Ground of recognition] Evidence Nos. 1, 4-1, 2, 5, and 10, Gap evidence Nos. 3-1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is seeking compensation for each of the following damages against the Defendant.

1. The Plaintiff’s damage equivalent to the Plaintiff’s lost income was intended to commence fishery business since April 16, 2010 on the delivery of the instant vessel from the Defendant, but the same year due to the delay in delivery of the instant vessel and the repair of the instant vessel due to flooding.

5. Until March (18 days), the vessel of this case could not be used.

Therefore, the defendant shall be liable as a shipbuilding owner for damages incurred to the plaintiff during the period in which the plaintiff was unable to conduct his/her fishery business due to non-performance of the obligation. The same shall apply to the tonnage of the ship that the plaintiff requested the defendant to build.

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