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(영문) 수원지방법원 평택지원 2018.06.21 2018가합8691
손해배상(기)
Text

1. The Defendant’s KRW 36,018,00 per annum from January 26, 2018 to June 21, 2018, and the Plaintiff’s KRW 5% per annum.

Reasons

1. Facts of recognition;

A. On June 2016, the Defendant entered into a contract with the Plaintiff and the Plaintiff for free use of and benefit from the yachts owned by the Plaintiff (hereinafter “instant yachts”) (hereinafter “instant loan agreement”) with the Defendant’s athletes (hereinafter “Defendant employees”) to jointly hold the instant games, which are jointly held by the Chinese-si and Chinese-si. Around that time, the Defendant received the instant yachts from the Plaintiff.

B. On June 29, 2016, Defendant employees operated the instant yacht and arrived at the port of China on the 30th of the same month following the day, referring to the necessity of mooring facilities necessary for the anchorage of a ship, and again requested correction of a poppy, and left the instant yacht without any additional measures, and thereafter, Defendant employees opened the instant yacht without any additional measures. In the process, the instant yacht was destroyed (hereinafter “instant accident”).

[Ground of Recognition] Facts without dispute, Gap evidence 7, Eul evidence 1, 2, Eul evidence 3, Eul evidence 1 through 5, Eul evidence 4-1 through 9, Eul evidence 5-1 through 5, Eul evidence 7-1, Eul evidence 8-1 through 5, Eul evidence 8-5, and the purport of the whole pleadings

2. Determination

A. 1 The defendant is obligated to use and manage the instant yachts according to the loan agreement of use, and when the loan of use is terminated, the defendant has a contractual obligation to return the object to its original condition. In recognition of the existence of the problem of the fixed facilities in the empty port, etc., he let his employees anchor the instant yachts without any particular measure, and thereafter, the accident that the instant yachts were destroyed due to bad weather occurs, and the defendant suffered damages due to the violation of the duty to manage and store the instant yachts.

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