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(영문) 부산지방법원 2014.06.12 2013가합1719

선박수리대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in shipbuilding and repair business under the trade name of “B,” and the Defendant is a company of Russia, as a company of Russia, of a vessel listed in the separate sheet (name C; hereinafter “instant vessel”).

B. On Aug. 18, 200, Busan Metropolitan City sold to D the instant vessel, which is a fishing vessel for the purpose of exporting it to third countries other than Japan, on condition that it exports it to D, and E purchased the instant vessel from D on Mar. 5, 2004 at KRW 20 million.

C. On May 1, 201, E entered into a contract for the sale and repair of the instant vessel with the Plaintiff as a vessel buyer and a contractor for the purchase and repair of the instant vessel, and determined the purchase price of the instant vessel as KRW 265 million, and the repair work cost as KRW 170 million, and agreed to deliver the instant vessel to the Plaintiff after completion of repair.

On May 9, 2011, the Plaintiff concluded a contract for the sale and repair of the instant vessel with F as a contractor for the purchase and sale of the instant vessel between F Co., Ltd. and F Co., Ltd. (hereinafter “F”), and agreed to designate the purchase price as KRW 275 million for the instant vessel, as KRW 200 million for the instant vessel, and to deliver the instant vessel to F after completion of repair.

E. Meanwhile, the Defendant agreed to purchase the instant vessel from F on May 3, 201 to USD 520,000 (hereinafter “US”) from F, and paid USD 260,000 to F on May 6, 201 and May 30, 201.

F. In addition, on June 3, 2011, the Defendant requested the Plaintiff to perform additional construction works on the instant vessel, other than the instant main construction, as seen below, with the introduction of G. In the process, the Plaintiff’s total repair cost estimates [No. 5 (a contract)], which constitute USD 248,200, the total repair cost estimates (as seen below).