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(영문) 서울고등법원 2017.09.08 2015나2030785

손해배상금 청구 등의 소

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1. Among the instant lawsuit, the first preliminary claim against the Defendant character Korea Co., Ltd., which the Plaintiff added at the trial.

Reasons

Based on facts, the following facts are acknowledged either as a dispute between the parties or as a whole by taking into account each of the statements in Gap evidence of No. 1 through 8, 11, 15, 25, 26, 27, 31, 55, 56 (including serial numbers; hereinafter the same shall apply), Eul evidence of No. 3, 5 through 8, 11, Eul evidence of No. 1, 1, 3 through 17, 20, 22, and 34.

[1] The Plaintiff is a company that operates the shipbuilding machinery design, manufacture, sale, export and import business, etc.

Defendant Character Korea Co., Ltd. (hereinafter “Defendant 1”) is a company aimed at the maritime and air freight forwarding business, and became a marine carrier by exercising the right of intervention under Article 116(2) of the Commercial Act in this case.

Defendant Barl Loss Insurance Co., Ltd. (hereinafter “Defendant 2”) is a company running an insurance business.

Defendant 2’s Intervenor (hereinafter “Defendant 2 Intervenor”) is the actual maritime carrier as the owner of the instant vessel, as seen below.

On November 19, 2012, the Plaintiff entered into an export contract under the following terms, which is to be used in the Jeju Shipbuilding, which is a material to be used in the Jeju Shipbuilding that is scheduled to be constructed in Brazil, between Washington Pte. Ltd.) and Ltd. The Plaintiff: (a) entered into an export contract under the following terms and conditions; (b) the Plaintiff succeeded to the status of purchaser under the above export contract: (c) the Estra Jinracruzta; (d) the Estracru Ltd; and (c) the purchaser succeeded to the status of purchaser under the above export contract.

5.1.The contract amount of the Hembon system is US$ 50,880,00 (Indonest 2010 according to the schedule of delivery as referred to in Article 1).

3 Payment shall be made by an irrevocable credit within seven days after the shipment of the port-house system.

(The three-lane shipment has been made, and approximately 20% of the down payment shall be paid for each number of vehicles. The buyer must issue a credit at least 30 days prior to the first shipment date of the system of the intermittent shop.