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(영문) 서울중앙지방법원 2015.09.10 2013가합31514
가지급금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 9, 2013 to September 10, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a Hong Kong corporation with the aim of marine transportation, etc., which is a cargo boat ferriesland (JYOUS LND, hereinafter “instant vessel”).

(2) The Defendant is the owner of the vessel. 2) The Defendant is a domestic law with the aim of managing and operating port facilities, and is operating the Pyeongtaek Jinjin Central Maritime Affairs and Fisheries Office (hereinafter referred to as the “instant wharf”) in accordance with a lease agreement concluded with the Pyeongtaek Housing Site Obstruction and Port Office (hereinafter referred to as the “Manjin Marine and Fisheries Office” without distinction before and after the change of the name.

B. 1) The instant vessel: (a) the port of loading 57,750 tons in the United States around March 21, 201 and departing from the port of Pyeongtaek-si No. 2 of April 7, 201; and (b) the instant vessel: (c) the mooring and mooring of the vessel on March 21, 201.

The instant vessel arrived at the port of April 8, 201. The instant vessel refers to a landing place equipped with a facility to load a vessel within the port of the instant wharf operated by the Defendant on April 8, 201

) While approaching the ship to be in contact, the ship was faced with the tin structure No. 5 (hereinafter “instant accident”).

2) As a result of the instant accident, 5 line rinkers (referring to concrete structures manufactured in the form of a caison, box, which are used for the principal body of the breakwater and the inner wall) destroyed one, and rubber fences were destroyed to prevent shock in the upper part of the damaged part of the rubber fences, thereby leaving the rubber fences, and the sand laid down inside the inner part.

C. On April 15, 201, the Defendant filed an application for the auction of the vessel of this case to Suwon District Court A, which had the vessel of this case filed on April 15, 201.

In the above case, the defendant caused the accident of this case by the negligence of the plaintiff who is the owner of the ship, and caused damages equivalent to KRW 9,782,614,830, the estimated repair cost of KRW 5,690,00,000 for six months, the repair period of KRW 4,064,634,830.

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