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Reasons
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(영문) 서울남부지방법원 2015.11.10 2015가단203305
손해배상(기)
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1. The Defendant’s 65,00 US dollars and 5% per annum from September 26, 2014 to February 27, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 5, 2014, the Plaintiff concluded a charter contract (hereinafter “instant contract”) that lends the instant vessel to the Defendant on September 5, 2014, setting the charter section from Busan to Busan, the charter period of 2 to 3 days, the charterage US$ 65,000 (within 2 days after delivery of the vessel), and the scheduled date of delivery of the vessel from September 22 to September 23, 2014 (hereinafter “instant contract”).

The plaintiff chartered the ship of this case in B to the defendant to charter it.

B. From September 23, 2014, the Defendant: (a) chartered the instant vessel to input the instant vessel into the vessel necessary for training at Busan-Yjin Sea Navigation Headquarters, which was scheduled for three days from September 23, 2014.

C. After the conclusion of the instant contract, a typhoon was predicted to have an impact on the Republic of Korea from September 23, 2014 to September 25, 205:00 on the sea located in the Southern East Sea, the sea located in the south East Sea from September 23, 2014 to 25:00 on September 23, 201, and the sea located in the south East Sea from 05:00 to 23:00 of the same month, and the sea located in the south East Sea from 05:0 to 16:30 of the same month on the sea located in the south East Sea from the south East Sea to 24:0 of the same month.

On September 19, 2014, the Defense Transport Headquarters notified the Defendant that the scheduled training was postponed due to the lack of weather conditions. On the same day, the Defendant requested the employee C in charge of the Plaintiff to grant the lease reservation on the instant vessel by e-mail, and on the same day, 17:12 on the same day, 18:46 on the same day.

E. On August 28, 2015, the Plaintiff paid USD 57,000 to charterage according to the charter agreement concluded with B on August 28, 2015.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 8 through 12, Evidence Nos. 1, 3, and 4 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts stated in Paragraph 1, the Defendant’s failure to perform the instant contract, barring special circumstances.

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