손해배상(기)
Defendant (Counterclaim Plaintiff) filed a claim against the Plaintiff (Counterclaim Defendant) for KRW 4,035,00,000, and as to the claim, from April 17, 2020 to January 27, 2021.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
The plaintiff is the owner of C (fishing vessel number D, hereinafter "the vessel of this case") and the defendant is the person who engages in the shipbuilding business under the trade name of "E".
On November 28, 2018, the Plaintiff entered into the following shipbuilding contracts with the Defendant to replace the instant vessel which had been advanced at the time of the acquisition of the vessel: Total contract amount of KRW 720,000,000: KRW 100,000: the scheduled date of payment and the date of delivery at the time of the acquisition of the vessel: The amount transferred by the Plaintiff to the account under the instant contract on August 31, 2019 for the purpose of replacing the instant vessel which had been advanced at the time of the lapse of 25 years (hereinafter “instant contract”). The amount transferred by the Plaintiff on August 31, 2019 under the instant contract is as follows:
(1) On November 29, 2018, 100,000,000 620,000,000 Gap evidence No. 3-1-270,00,000,000 on April 30, 2019, 1) No. 1-30,000, 350,000, No. 3-50,00,00, 00 No. 3-4-236,00,000, 00-60,000-60,000-60,00-60-7,00-6,00-7,00-7,00-6,00-7,00-6,00-7,00-6,00-7,00-6,00-7,00-5,000-6,00-1,000-6,000
According to relevant statutes, such as the law of fisheries, etc., in order for the Plaintiff to obtain a fishery permit for a new shipbuilding vessel, the Plaintiff should take measures to abolish the instant vessel or replace the existing fishery permit for another vessel with the permission for the instant vessel.
If the plaintiff obtained a fishery permit for a new shipbuilding vessel, it shall be within six months.