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(영문) 부산지방법원 2016.07.20 2015가합44796
손해배상(기)
Text

1. Defendant B’s KRW 50,000,000 as well as annual 5% from June 4, 2015 to July 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is a dredging vessel’s “D” (total weight of 549.212 tons, hereinafter “instant vessel”).

(2) Defendant B was registered as the Plaintiff’s joint representative director from October 2009 to January 12, 2012 and managed the overall operation of the instant vessel as the person operating the instant vessel, while Defendant C was the person operating the instant vessel as the person operating the instant vessel as the person in charge of operation.

B. On October 22, 2010, the Plaintiff, upon entering into the instant vessel equipment lease agreement, leased the instant vessel to H (a construction business operator, who carried out dredging work in the name of I) who was awarded a subcontract for the 4th DG tools dredging project from Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) (hereinafter “Modern Construction”).

C. Around December 18, 2010, the instant vessel moved to the dredging construction area of the G Section located in Kimhae-J on and around December 30, 2010, while collecting sand using dredging pumps from around December 30, 2010, the instant vessel, which fell at least 1.95 meters of the stern, and went down at at least 1.95 meters of the spud (spud) hulls, spuds of the vertical pipe and the spud spud spuds, all of which turned to the engine room.

(hereinafter “instant accident”). 【The ground for recognition” does not have any dispute, Gap’s No. 1, 12, Eul’s evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The instant accident occurred due to Defendant B and Defendant C’s intentional negligence, who was responsible for the management and supervision of the instant vessel at the site of the accident and carried out the work.

As the instant vessel is unable to repair and the value of the instant vessel has decreased to at least 600 million won due to the instant accident, the Defendants are the Defendants.

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