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(영문) 대구지방법원포항지원 2017.07.06 2016가합10792

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around 2013, a voluntary auction procedure was initiated against a flag ship C (hereinafter “instant vessel”) owned by the Korea Shipping Co., Ltd., and the Plaintiff sought D during the said auction procedure to sell the instant vessel at the auction price and divide profits therefrom.

B. D around March 2015, around KRW 760,000,000, including the money received from the Defendant at the above auction procedure and the money invested by the Plaintiff, D, in the name of the Defendant, won and completed transfer of ownership.

C. On April 13, 2015, the Defendant delegated D with the authority to sell and purchase the instant vessel, distribute the sales amount of the instant vessel, transfer the ownership of the instant vessel, and repair of the instant vessel.

D On April 14, 2015, 2015, D made and issued a written confirmation (hereinafter “instant confirmation”) to the Plaintiff, stating that “D is delegated with all matters related to the sale from the owner of C and confirmed as follows. It is confirmed that D will pay KRW 250,000,000,000, including the price and amount invested for the restoration of the engine parts of the instant vessel:

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 2 (including branch numbers in case of additional number), witness D's testimony, purport of whole pleadings

2. The assertion and judgment

A. The Defendant, while preparing for the successful bid of the instant vessel, agreed to pay to the Plaintiff a total of KRW 40 million, labor costs related to the instant vessel, and liquidation money for the parts not included in the auction, etc., which is KRW 250 million.

In addition, on April 14, 2015, D, which was delegated by the Defendant with all matters regarding the vessel, prepared the instant confirmation document purporting to pay KRW 250 million to the Plaintiff when selling and selling the instant vessel.

The Defendant sold the instant vessel around May 2016.

Therefore, the defendant is obligated to pay 250 million won to the plaintiff the agreed amount.

(b).