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(영문) 부산지방법원 2019.06.26 2017가합2277
선박임대료 등
Text

1. The Defendant amounting to KRW 335,542,40, and to KRW 6% per annum from November 23, 2017 to June 26, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who is engaged in vessel leasing and repair business under the trade name of C, and the defendant is a company established for the purpose of marine cargo transportation business, etc.

B. On March 31, 2017, the Plaintiff entered into a contract with the Defendant to lease D (type: baseline, gross tonnage: 169 tons, vessel number E: hereinafter “instant vessel”) monthly rent of KRW 57 million, period of use from April 1, 2017 to the expiration date of use (hereinafter “instant lease contract”), and the details thereof are as follows.

(hereinafter “A” refers to the Plaintiff and “B”. Article 2 of the tugboat lease agreement

2. A shall pay a monthly tax invoice according to the period of use, and B shall pay the invoice in cash as of the 10th day of the following month after issuing the invoice.

3. B shall be paid directly from the original contractor in the event that rents are unpaid;

Article 3 Scope of Rental Fees and Defrayment of Other Expenses

1. The monthly rent of a tugboat shall include four persons (not less than three masters, etc.);

Paragraph 4 of work

1. A member of the leased tugboat shall comply with the direction of B, and in cases where he/she fails to comply with a legitimate work instruction, he/she may make a replacement by sight;

3.B shall not demand A to reimburse all expenses incurred in relation to failure in construction and loss caused by the breakdown of a ship.

4. If it is deemed impossible to operate a ship because of bad weather conditions, the captain may suspend operation;

Article 5 Inspection of Operating Hours and Navigation of Towings

1. Daily operating hours of a tugboat shall follow the direction of a manager B according to the on-site conditions and weather conditions;

2. B shall check up the operating state of a ship with Gap before departure, and shall issue Gap an order to leave the port in the absence of this difference after checking various power equipment;

4. The ship shall be held responsible when the hull, knobs and engine trouble occurs after departure from the port; and

Article 6 Acceptance

2. B shall have a normal operation when returned to Gap after the tugboat use is completed.

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