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(영문) 부산지방법원 2015.05.01 2013가단72875
선박수리대금
Text

1. The Defendant’s KRW 54,681,90, and its annual rate from June 3, 2013 to May 1, 2015, and the next day.

Reasons

1. Facts of recognition;

A. The plaintiff is a person engaged in the repair business of ships with the trade name of "C", and the defendant is a person engaged in the tugboat transport business with the trade name of "D."

B. On April 2013, the Plaintiff received request from the Defendant for the instant work of repair in cases where defects are discovered in the course of checking the engine engine of the baseline E (hereinafter “instant vessel”) owned by the Defendant, namely, the complete disassembly of the engine, and the re-prefabricated after checking the engine, and the repair of the engine (hereinafter “total work”).

C. From April 6, 2013 to May 4, 2013, the Plaintiff performed the instant work with respect to the instant vessel. Since the departure of the instant vessel from the port, the instant vessel was at issue on May 27, 2013, and thereafter, performed repair work for the said cleaner until June 2, 2013.

According to the appraisal result, the appropriate repair cost (including the plaintiff's proper profit) incurred in performing the instant work and the said clean repair work for the instant vessel is 32,356,00 won for the main engine (Main Engine), part cost of 18,301,000 won for the main engine (Ma Engine), and 5,832,000 won for the clean repair cost of 56,489,000 won for the clean repair cost of 56,489,000 won (excluding value-added tax).

E. During the instant work, the Plaintiff was engaged in the work of replacing Turbo-carer burger burger burger burg burg burg burg burg burg burg burg burg burg burg burg burg burg burg burg burg burg.

[Ground of recognition] Facts without dispute, Gap1 to 9 items, appraiser F's appraisal result, fact-finding results on appraiser F, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the repair cost of the ship of this case to the plaintiff, unless there are special circumstances, and the defendant made an advance estimate of the repair and agreed to proceed with repair.

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