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(영문) 부산지방법원 2019.12.19 2018가단338761

채무부존재확인

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 is a person running the vessel leasing business, etc. (hereinafter “instant barge”).

(1) Non-Party D Co., Ltd. (hereinafter “Non-Party D”) is the owner of the non-Party D.

(2) On March 3, 2018, the Defendant: (a) chartered the instant barge from the Plaintiff on March 27, 2018; (b) the Defendant chartered F from the E Limited Liability Company on April 3, 2018 (hereinafter “instant tugboat”).

B. (1) On April 6, 2018, the Defendant entered into the instant towing contract with the Nonparty Company: (a) towing the instant barge in the state of the public ship from Busan to Rusnian Port, which was loaded with the building materials, etc. of the Nonparty Company by using the instant tugboat; and (b) towing the instant barge in the state of the public ship to Busan Port (hereinafter “instant towing contract”).

(2) On the other hand, under the instant towing contract, the Fime stipulated that the Fime will be paid for six days, 6,000 per day for delay at the port in the event of a towing operation with an excessive time period, and lay Pe management equivalent to USD 11,00 per day for delay at sea.

3) In addition, the instant towing contract provides that the owner, employee, and agent of the instant tugboat may exercise a lien on the instant barge with respect to the claim arising from the instant towing contract, and may possess the instant barge for the purpose of exercising the lien until the claim is paid. (c) The instant tugboat’s work process at the instant tugboat arrived at Busan port on April 11, 2018 and returned to Busan port on May 28, 2018, and the specific course was as follows. (1) The instant tugboat arrived at Busan port on April 11, 2018, and completed preparation for loading and unloading: (a) the instant tugboat arrived at Busan port on April 11, 2018.