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(영문) 서울중앙지방법원 2015.03.31 2014가단38409

구상금등

Text

1. The Plaintiff:

A. Defendant Key Investment Asset Management Co., Ltd.: 27,686,680 won and its related amount from January 29, 2014.

Reasons

1. Basic facts

A. 1) Mining Co., Ltd. (hereinafter “Blging”) concluded a shipbuilding contract

2) On June 20, 2007, the Seoul Heavy Industries Co., Ltd. (hereinafter referred to as “Stact Heavy Industries”)

(i)A shipbuilding contract under which four vessels (1183, 1184, 1185, 1186) and four vessels (1186) are built and supplied in USD 88,00,000 for vessel costs (hereinafter referred to as “instant shipbuilding contract”).

(2) On October 26, 2007, the Korean National Bank Co., Ltd. (hereinafter “National Bank”) concluded an advance refund guarantee certificate (hereinafter “instant guarantee certificate”) with the content that guarantees the advance refund (hereinafter “instant guarantee certificate”) in the event that the Gwangju Heavy Industries, in relation to the instant shipbuilding contract, bears the obligation of advance refund for luminous with respect to the instant shipbuilding contract.

3) Lone Star Shipping Co., Ltd. (hereinafter “Sone Star Shipping”) on October 26, 2007

3) On the same day, Sky Star Shipping transferred its purchaser status under the instant shipbuilding agreement, and four companies, including Sky Star Shipping, including Skyone’s five personal S. on the same day (hereinafter “Sky Star-5”).

(2) Around October 29, 2007, the Plaintiff was a trustee company of the instant investment trust, and Defendant Dok Asset Management (hereinafter “instant investment trust”) was a trust established pursuant to Article 2 of the Addenda to the Indirect Investment Asset Management Business Act (amended by Act No. 8635 of Aug. 3, 2007, which was enforced on Feb. 4, 2009, before it was repealed by Act No. 2 of the Financial Investment Services and Capital Markets Act, which was enforced on Feb. 4, 2009; hereinafter “Financial Investment Services and Capital Markets Act”).