beta
(영문) 서울중앙지방법원 2015.08.21 2015가합512192

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff, on January 30, 2012, set up a collateral security against the instant vessel (hereinafter “Yanananan Shipping”)

B) As of January 30, 2013, the credit transaction agreement was concluded between the Plaintiff and the debtor, the shipping company, and the debtor, the maximum debt amount of the loan, and the debtor, the debt amount of the loan, as of March 25, 2013, as of January 30, 2012 (hereinafter “the instant vessel”). The credit transaction agreement was concluded between the Plaintiff and the Yongan Shipping on August 4, 2014 through an additional agreement on the modification of the terms and conditions of transaction. In addition, the Plaintiff entered into an additional agreement on credit transaction on March 25, 2013 as of March 25, 2016 (2) between the Plaintiff and the Yongan Shipping on January 30, 2012 (1470 tons, ship No. 2R-960290, hereinafter “the instant vessel”). The date of completion of the mortgage transaction agreement between the debtor, the debtor, the debtor, the debtor, the debtor’s debt amount of the mortgage loan, and the debtor’s debt.

3) From July 5, 2014 to pay interest on loans under the above credit transaction agreement. As of February 6, 2015, the Plaintiff delayed payment of interest on the loan obligation under the above credit transaction agreement. As of February 6, 2015, the Plaintiff holds a claim of KRW 619,910,00 of the principal of the loan under the above credit transaction agreement and interest on interest on the loan amounting to KRW 41,311,274 in total, KRW 661,221,274 in total. (B) on April 9, 2014, the Yongan Shipping submitted a report on the work plan for dismantling the marine pollution prevention of the instant vessel to the Busan Coast Guard, and did not attach a certified copy of the ship registry.

2) On April 11, 2014, the Busan Coast Guard notified the Yongan Shipping that it will accept a report on a marine pollution prevention work plan. 3) It delegated the dismantling work of the instant vessel from Yongan Shipping.