항만시설사용료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 17, 2010, the instant vessel entered into a lease agreement on the vessel owned by the Defendant (hereinafter “the instant vessel”) (hereinafter “the instant vessel”) between the Manyang Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and the Defendant’s vessel (hereinafter “Nonindicted Co., Ltd.”) prior to the instant merger and the entry into and departure from the port of the instant vessel.
(2) On October 19, 2010, Nonparty Company obtained a marine passenger transport service license.
From January 23, 2011, the instant vessel was operated as an international cream passenger ship in Korea and Japan, but its navigation was suspended after entering the mining port on January 24, 2012.
(3) On February 16, 2012, the Defendant terminated the lease agreement with the non-party company on the ground of the unpaid lease fee, and subsequently sold the instant vessel to a foreign company on December 4, 2013, and the instant vessel departed from the mining port on December 12, 2013.
B. (1) The Defendant followed the Plaintiff’s procedures for filing an application for use through the Plaintiff’s port operation information system (Port-MIS) and used the optical port harbor facilities from February 16, 2012 to December 12, 2013.
At this time, the standard of usage fees was agreed to be based on the Regulations on the Use and Use of Facilities of the Female Water Harbor Corporation (amended by Presidential Decree No. 37 of Jan. 19, 2012, hereinafter referred to as the “instant Regulations”) as prescribed by the relevant statutes.
(2) The relevant provisions of the instant provision are as follows.
Article 2 (Definitions) The definitions of terms used in these provisions shall be as follows:
1. The term "foreign vessel" means a vessel (including deep-sea fishing vessels) for operating or operating between domestic ports and foreign ports;
In such cases, a ship exported overseas shall be deemed an ocean-going ship from the date of departure of a ship entry and departure report under the Enforcement Decree of the Public Order in Open Ports Act.
2. The term "domestic vessel" means a vessel sailing or sailing within the territorial sea of Korea;
. In such cases, abroad;