손해배상(기)
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 19,692,738 won, and 6% per annum from May 20, 2014 to June 9, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The status of the party is a corporation with the purpose of marine cargo transport business, etc., and the defendant is a corporation with the purpose of marine cargo transport business, sales intermediary business, etc.
B. On December 27, 2013, the Plaintiff entered into a sales contract and carried out its performance 1). On December 27, 2013, 2013, the Plaintiff is a tugboat with the nationality of Pakistan (name C: tonnage: 237 tons in ships: 237 tons in ships; 1967 in ships: D corporation; 1967 in shipbuilding year; hereinafter “instant ship”).
(2) If the vessel’s nationality certificate of the instant vessel is changed to the Republic of Korea, it shall be paid at the time of the contract and the remainder KRW 454 million shall be paid at the time of the contract and the specific date of the payment of the remainder shall be determined later (hereinafter “instant sales contract”).
(2) The Plaintiff paid the Defendant a total of KRW 30 million out of the remainder on February 5, 2014, and KRW 100 million out of the remainder on February 28, 2014.
3) Meanwhile, the Plaintiff changed the nationality of the instant vessel to the Republic of Korea, and changed the name of the instant vessel to E, and completed registration of preservation of ownership on January 24, 2014. 4) on March 3, 2014, the Ship Safety Technology Authority for the instant vessel completed the ship inspection on March 3, 2014.
【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1, 5, 11-1, 13-1, 1, 2, and 14-1, 2, 3, and 4-1, 3, and 4, the purport of the whole pleadings
2. Determination as to the damage claim that the Plaintiff seeks due to the main claim
A. With respect to the claim for damages under Article 580(1) of the Civil Act, when the buyer has received the object, the inspection shall be conducted without delay when the buyer has received it, and when the shortage of the defect or quantity has been discovered, the cancellation of the contract, the reduction of the price, or the claim for damages due to the fact that the seller has not immediately dispatched the notice.