손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of a vessel listed in the attached list of Cambodian Country registry (hereinafter “instant vessel”).
B. On May 28, 2011, the Defendant supplied the instant vessel with 60M oil in accordance with the order of Han-Energy Co., Ltd. (hereinafter “Korea-Japan Energy”), and did not receive the oil payment from Han-Energy.
C. Accordingly, on March 6, 2012, the Defendant filed an application for the auction of the vessel with respect to the instant vessel A by asserting that there was a maritime lien on the said claim for the oil price as the secured claim. On the same day, the instant court rendered a decision to voluntarily commence the auction (hereinafter “decision to voluntarily commence the auction”).
On September 5, 2012, the Plaintiff filed an objection against the decision to commence voluntary auction of the instant case with this court B, and received a decision from this court on October 10, 2012 that “the instant decision to commence voluntary auction is revoked, and the Defendant’s request for the auction of the vessel is dismissed.” Although the Defendant filed an appeal against the said decision, on April 1, 2013, the Plaintiff received a decision to dismiss the appeal (hereinafter “decision to dismiss the instant appeal”) from this court on the ground that “the Defendant’s maritime lien on the instant vessel is not recognized.”
[Ground of recognition] Facts without dispute, Gap 1, 3, 10, 11 (including paper numbers), Eul 10, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) The Defendant applied for a voluntary auction on the instant vessel without a maritime lien on the instant vessel, and received the decision to commence the voluntary auction of the instant vessel, and subsequently, wrongfully seized the instant vessel until the decision to dismiss the instant appeal was rendered.
(2) Therefore, the Plaintiff is unable to operate the instant vessel by operating it from March 6, 2012, which was the date of the decision to commence voluntary auction of the instant case, to April 1, 2013, which was the date of the decision to dismiss the instant appeal.