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(영문) 전주지방법원 2018.01.11 2016구합2394

예선업 등록 취소처분 취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established for the purpose of tugboating business, etc. on February 9, 2009.

B. On June 30, 2010, Hyundai Heavy Industries Co., Ltd., Ltd. (hereinafter “Mo Heavy Industries”) set forth and lent KRW 4,739,00,000 to the Plaintiff as the shipbuilding fund for the 4,700 Man Heavy Industries Co., Ltd., Ltd. (hereinafter “Mon Heavy Industries”) at the interest rate of 5.5% per annum for six years with a six-year grace period, and agreed between the Plaintiff and the Plaintiff as the secured claim, that the Hyundai Heavy Industries will be set up as the first priority mortgage on the said tugboat to be constructed.

Article 1(Purpose of this Agreement) The purpose of this Agreement is to provide for the rights and duties of Gap and Eul as well as all other matters arising from the provision of services from Eul by using a 4,700-man-ray tugboat owned by the military shipbuilding yard (hereinafter referred to as "A") in the performance of towing duties by Hyundai Heavy Industries Co., Ltd. (hereinafter referred to as "A").

Article 3 (Service Guarantee Period) A shall ensure that Eul is provided with services from Eul for at least 12 years from the date of its initial contract conclusion with respect to this tugboat.

Article 4 (Change of Circumstances and Right to Demand Purchase of B) Where A does not require A to be provided with services from B due to a sudden change in the business environment during the period of service security (such as a substantial reduction in the quantity of a military shipbuilding, closure of a Dok, change of use, etc.), A may terminate this service contract. 2) In the case of paragraph 1 of this Article, B may require A to purchase this tugboat.

3) Upon request under paragraph 1 of this Article, Gap and Eul shall consult with each other and determine a reasonable price at the sale price, and if no agreement is reached, Gap shall purchase the tugboat from Eul with the average sale price after receiving appraisal of the tugboat from a certified appraisal agency designated by each person, and after receiving an appraisal of each value, Gap shall purchase the tugboat at the sale price. Article 7 (Implementation of the Contract) 1) A shall be provided with services from Eul using this tugboat.