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(영문) 부산지방법원 2019.10.02 2017가합51156
선박임대료채권 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 213,937,856 and its amount on July 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant: (a) the Plaintiff is a person engaged in the business of leasing transportation equipment under the trade name of “D,” and the Plaintiff, a tugboat E (163.74 tons, hereinafter “the instant vessel”).

(2) Around September 2016, Defendant C was the representative director of the Defendant Company, and Defendant C entered into a charter agreement on the instant vessel between the Plaintiff and the Plaintiff. The main contents of the charter agreement are as follows.

(hereinafter referred to as the “instant charter contract”). To do so, Article 1 of the barge charter contract: The monthly rent for the specifications of the specifications of the vessel name No. 163.74 tons of the specifications of the vessel and the name vessel No. 163.74 tons of E F 163.74 tons of the vessel name No. 39,000,000 additional tax: The period of use shall be from September 2016 to September 2017.

(Standards for the dates of departure and entry). However, a reduction and extension may be made by mutual agreement between both parties.

Article 5:Responsibility for Ship Management and Accidents

1. B (the defendant company; hereinafter the same shall apply) shall restore the charter period to its original state at the time of acquisition, such as the damage (excluding natural wear and tear) to the hull due to negligence of B or due to the care negligence of B during the charter period, and deliver it to A (the plaintiff and the same hereinafter);

Provided, That an accident of a natural disaster shall not be included in B's negligence.

2. Accidents related to ships and seafarers arising during the lease period shall be dealt with under the responsibility of Section B.

Provided, That A shall be liable for an accident of a seafarer not related to the ship and operation;

(D) The cost of the vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’s vessel’

B. The Defendant Company used the instant vessel in accordance with the instant charter agreement.

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