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(영문) 서울동부지방법원 2013.01.11 2012가합6385
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 6, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with Defendant C on the use of a tugboat (ship number E) and sea-line (ship number E; hereinafter the same shall apply) owned by the Plaintiff from Incheon to a military mountain port on January 8, 2012, with the date of transportation as KRW 19 million and the date of transportation. The Plaintiff entered into a contract with the Plaintiff on the use of a towing boat (ship number E) owned by the Defendant B (ship number E; hereinafter the same shall apply), and as regards its nature, there is dispute as follows.

B. On January 12, 2012, the instant vessel: (a) loaded the instant flag to the port of Incheon; (b) on January 13, 2012, the following day, the lock locker of the instant flag was destroyed; (c) the boom boom boom boom boom boom boom booms on the sea; and (d) the instant flag was sunken on the sea (hereinafter “instant primary accident”).

C. On January 15, 2012, the term during the instant season arrived at a military port on January 16, 2012, and on January 18, 2012, in the course of leaving the air during the instant season at a military mountain port on January 18, 2012, there was an accident where the air during the instant season is damaged (hereinafter “instant secondary accident”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 5, and 7

2. Determination as to the cause of action

A. The summary of the cause of the claim is as follows: (a) for each of the following reasons, the Defendants concluded a contract for the lease of the Aircraft (Evidence A3) with the non-party military comprehensive housing company on January 2, 2012, under which the Plaintiff entered into a contract with the boom repair cost of boom 162,849,50 won, 11,416,000 won for boom boom boom boom boom boom boom boom boom, 4 million won for boom boom boom boom boom boom, 8 million won for boom boom boom boom 3, 2012.

49 million won = 2450,000 won per day.

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