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(영문) 광주지방법원 목포지원 2018.06.27 2017가단51656

선박

Text

1. The defendant shall accept the ship listed in the attached list from the plaintiff.

2. The Defendant’s KRW 227,900 and its importance are against the Plaintiff.

Reasons

1. The Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) on September 16, 2014 with respect to the vessels listed in the separate sheet (hereinafter “instant vessels”) for oil storage use on the grounds of the claim through a public sale procedure (hereinafter “instant vessels”); the Defendant paid all the purchase money to the Plaintiff on October 6, 2014; and at the time of the said sales contract, the Defendant agreed that “the Defendant shall take over the instant vessels within 15 days from the date of the contract and assume all the responsibilities at the time of non-acquisition”; but the Defendant did not take over the instant vessels until now; the public waters occupation and use fees of the instant vessels are imposed on the Plaintiff; and the Defendant paid the Plaintiff the occupancy and use fees of public waters by May 31, 2015, but did not pay the subsequent occupancy and use fees.”

Comprehensively taking account of the respective descriptions and the overall purport of the pleadings of Gap evidence Nos. 14, 15, and 16 (including household numbers), the total amount of KRW 2,227,900 for the occupation and use fees of public waters from June 1, 2015 to May 31, 2018, and the fact that the plaintiff paid to the plaintiff is recognized.

From June 1, 2015 to February 28, 2017, the instant complaint containing the content of claiming the Defendant to occupy and use public waters usage fees of KRW 1,286,810 as to the instant vessel, reached the Defendant on May 19, 2017. From March 1, 2017 to May 31, 2018, the complaint of this case reached the Defendant on April 3, 2018, containing the content of claiming KRW 941,090 as to the occupancy and use fee of public waters from March 1, 2017 to May 31, 2018.

Furthermore, the Plaintiff asserts that the Defendant’s failure to take over the instant vessel, and the Plaintiff’s employees to take charge of the Plaintiff’s management, and the cost of the Plaintiff’s management is equivalent to KRW 2 million per month, and that the Defendant should bear KRW 36 million from October 11, 2014 to April 10, 2017.

However, to guard and preserve the vessel of this case.