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(영문) 부산지방법원 2020.11.26 2019가단11988

용선료 등

Text

The defendant's KRW 52,250,000 to the plaintiff and 5% per annum from July 19, 2019 to November 26, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a person running the barge transport business, etc. under the trade name of “C” (hereinafter “instant vessel”).

(2) The Defendant is a company with the objective of maritime transportation, maritime equipment leasing business, etc.

B. (1) On July 7, 2017, the Defendant entered into a charter contract between the Plaintiff and the instant vessel with the period of use from July 7, 2017 to July 6, 2018, and from July 8, 2018, the monthly user fee of KRW 8.5 million (in addition to value-added tax and KRW 10,000,000) and began to use the instant vessel upon delivery from the Plaintiff around that time. (2) Meanwhile, the Plaintiff and the Defendant renewed the said charter contract on July 7, 2018, and set the period of use from July 7, 2018 to July 6, 2019 as KRW 7,50,00 (in addition to value-added tax and KRW 10,000,000,000). The said charter contract includes the following contents:

hereinafter referred to as "the charter party of this case"

) [When the payment of rent under Article 4 (Terms of Termination of Contract) is in arrears for a period of not less than one month, the Plaintiff may unilaterally notify the Defendant of the termination of the charter contract and allow him to return the ship, and the civil and criminal liability arising therefrom shall be borne by the Defendant.

[Liability for Ship Management and Accidents]

1. The defendant shall restore the vessel to its original state at the time of acceptance and deliver the vessel to the plaintiff even if the vessel was damaged by the defendant's negligence or due to the management negligence during the charter period and the natural disaster (except natural consumption).

2. Accidents related to all vessels and crew members arising during the lease period shall be dealt with under the responsibility of the defendant.

[Article 7 (Bearing of Expenses)] The following expenses shall be borne by the defendant:

3. Compensation for damage to the hull, repair cost and all other vessel supplies;

C. On October 2, 2018, the Industrial Bank of Korea, the Plaintiff’s creditor, proceeding with the auction procedure for the instant vessel, as to the instant vessel, Gwangju District Court Maritime Court E-ro for the instant vessel.