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(영문) 부산지방법원 2018.06.08 2017가합52050
손해배상(기)
Text

1. The Defendant’s KRW 69,885,00 for the Plaintiff and KRW 5% per annum from December 12, 2017 to June 8, 2018.

Reasons

Facts of recognition

A. On December 14, 2015, the Plaintiff’s Navy headquarters concluded a maintenance contract with the Defendant and the Port Security Guards B (hereinafter “instant vessel”).

B. On February 25, 2016, the Defendant completed the maintenance of the aforementioned propelling machine, and installed the propelling machine on the instant vessel.

C. On November 21, 2016, the Plaintiff requested the Defendant to repair defective parts of the propellor, which are parts of the propellor. D.

On December 13, 2016, the Plaintiff laid the instant naval vessel onto the shopping mall by placing the instant vessel on the sea (in addition, the instant vessel, etc. on the sea).

E. On December 14, 2016, the Defendant: (a) had a cover cover of the human spectrum (i.e., foreign substances, etc. created to promptly verify them inside the propelling engine of the instant vessel) located inside the propelling engine of the instant vessel; (b) had a percentage of the cover; (c) intended to cover the cover; (d) did not re-enter the cover; and (e) did not re-enter the cover.

On the same day, the Defendant carried the propeller out from the outside of the instant vessel using chain block and oil pressure jack.

F. On December 15, 2016, the Plaintiff landed the instant naval vessel from the commercial zone (the time when the instant vessel was landed from the commercial zone).

G. While the instant vessel is anchored at the 7st head of the Jin Sea Port, the seawater flows into the propelling engine room of the instant vessel through the Specac Station, and around 07:00 on December 22, 2016, the flooding occurred at a height of 1.8 meters in the propelling engine room (hereinafter “instant accident”). As a result, the electric control system in the propelling engine room, the central adjustment control system, the winder, the water pressure system, the water-conditioning pumps, the sewage cooling pumps, and the hot water heating, etc. At the time, the flood damage was inflicted on the 29th point, including the electric control system inside the propelling engine room.

H. The Plaintiff demanded the Defendant to recover or compensate for flood damage, but the Defendant rejected such demand, and on January 13, 2017, the Defendant.

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