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(영문) 서울중앙지방법원 2011.06.09 2009가합131561

선수금환급보증금

Text

1. The defendant's 7,783,80 U.S. dollars and 2,594,600 U.S. dollars from November 7, 2006 to the plaintiffs.

Reasons

1. Basic facts

A. Contract for shipbuilding and transfer of contractual status 1) Ship Shipping Co., Ltd. (hereinafter “Ship Shipping”) (hereinafter “Ship Shipping”).

2) On February 2, 2006, the same line of view (hereinafter referred to as the “same line of view”) is called the same line of view.

B) Between the East and the East-doed Vessel is the Tank C, and the Vessel is the “instant vessel.”

(1) The construction cost of one unit shall be 12,973,00 US dollars and shall be delivered to the Co., Ltd. from December 30, 2007 to December 30, 2007. The Co., Ltd. shall be 5 times (1 to 3 installments) from the date of concluding the construction contract to the date of delivery (20% of the construction cost, 1,297,300 US$ 1,297,300 of the construction cost, 300 of the construction cost, 30% of the five installments of the construction cost, and 3,891,90 US dollars of the construction cost (hereinafter “the construction contract of this case”).

2) On July 19, 2006, the Shipping Co., Ltd. (hereinafter “B”) concluded a contract to transfer the status of the vessel under the instant shipbuilding contract (hereinafter “instant contract”). On July 19, 2006, the Defendant Co., Ltd. entered into a contract to transfer the status of the vessel under the instant contract to B Co., Ltd. (hereinafter “instant contract to transfer the status of the vessel”).

B. On July 19, 2006, the Plaintiffs agreed to lend USD 12,600,000 with the construction fund of the instant vessel between Company B and B (hereinafter “instant loan agreement”).

(2) "Advance refund guarantee" and "Advance refund guarantee", which are to receive from a financial institution with B as the beneficiary, are English Refun Guante or 'Adrante' and 'Adrante', in order to secure security for the above loan, in the present or future.