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(영문) 광주지방법원 목포지원 2018.02.08 2016가단55705

사용료

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 company established on February 11, 2016 by C.

B. On February 24, 2016, C entered into a sales contract with D that represented by the Defendant (hereinafter “the first sales contract”) and paid the Defendant the down payment KRW 100 million on the same day.

C intended to transfer the registration of the instant vessel to C on the date of the contract, on the ground that the registration of the instant vessel is well known to C, but C failed to obtain the registration due to lack of documents in the name of the Defendant.

The indication of a ship: The remainder of KRW 1,350,000,000 for the purchase price of E and the port of registry (hereinafter “instant ship”) 1,450,000 for the purchase price of KRW 1,350,000 for the remainder of KRW 100,000 for the down payment of KRW 1,350,000 shall be delivered by the seller to the buyer at the port of port until May 15, 2016, and the buyer shall accept it.

C. On March 10, 2016, C concluded a sales contract (hereinafter “the second sales contract”) with the Defendant to change the buyer’s status as the Plaintiff as the representative, and subsequently, on March 10, 2016, C entered into a sales contract with the Defendant as follows.

Date of contract: Indication of ships on February 24, 2016: The sale price of the ship of this case: 80,000,000 won (payment at the time of the contract) shall be 80,000 won until February 24, 2016, the preparation for delivery of the ship at the port of water in this case.

D. On March 10, 2016, the Plaintiff completed the registration of transfer of ownership with respect to the instant vessel. On March 22, 2016, the Plaintiff completed the registration of change with the name of the instant vessel “E” and completed the registration of change with the content of changing the port of shipment from the Seocheon-gun, Seocheon-gun, Seocheon-gun, and the Dongpo-si

E. On March 28, 2016, the Plaintiff prepared a lease agreement (hereinafter “instant lease agreement”) with the Defendant regarding the instant vessel as follows.

Terms and conditions of lease: from March 25, 2016 to April 30, 2016 (Provided, That the period may be extended under mutual agreement): Deposit 100,000,000, and monthly rent of KRW 20,000,000.

F. On July 6, 2016, the Defendant delivered the instant vessel to the Plaintiff.

[Ground of recognition] Unsatisfy, A No. 1.