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1. The Plaintiff’s damage liability for maritime lien due to the collision of ships on March 26, 2015 against the Defendant is 22,60.
Reasons
1. Basic facts
A. The status of the party is the owner of “B” and “C” (hereinafter “Plaintiff’s vessel”), and the Defendant is the owner of “D”, a motor boat falling under power-driven water leisure equipment under the Water-Related Leisure Activities Safety Act (hereinafter “Defendant’s vessel”).
B. On March 26, 2015, at around 13:40 on March 26, 2015, an accident that collisions with the U.S. vessel on the port side of the Defendant vessel due to the strong wind during departure of the Plaintiff vessel from port E (hereinafter “instant collision”).
C. On April 28, 2015, the Defendant filed an application for a voluntary auction on the basis of maritime lien against the Plaintiff’s vessel with Busan District CourtF, alleging that the Plaintiff sustained damages of KRW 160,000 [16,50,750 (i.e., the repair cost of the portion other than the outboard vessel + KRW 116,50,000 for repair cost of the outboard vessel (26,000 for each value-added tax of KRW 26,000 for repair cost of the outboard vessel)] due to the collision of the instant vessel, and filed an application for a voluntary auction on April 29, 2015, with the Busan District Court G. on May 4, 2015, the Plaintiff filed an application for a decision to voluntarily commence the auction on the ground of maritime lien, and filed an application for the cancellation of the above auction procedure with the Busan District Court G. on May 4, 2015, excluding the remainder of the auction procedure of KRW 3706,16060,46060
[Ground of Recognition] Facts without dispute, Gap evidence 2 and 3, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Gap evidence 7-1 through 6, Eul evidence 4-1 through 13, Eul evidence 5 and 6, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the amount of damages suffered by the Defendant due to the collision of the instant vessel is KRW 5,00,000,000, which is merely a fact that the amount of damages incurred by the Defendant due to the collision of the instant vessel is more than KRW 5,00,000.