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(영문) 서울중앙지방법원 2012.09.28 2011가합124948

선수금환급보증금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are companies established pursuant to the laws of the Republic of Pakistan, whose purpose is to own ships, and F Co., Ltd. (hereinafter “F”) is the parent company of the Plaintiffs, and the Defendant is the banks established pursuant to the Banking Act of the Republic of Korea.

C Co., Ltd. (hereinafter “C”) as a shipbuilding company on March 22, 2012, when it was decided to commence rehabilitation proceedings (Seoul District Court 2012 Gohap3) on August 9, 2010, but the rehabilitation was decided on January 27, 2012 by Busan District Court 2010 Gohap11, but the rehabilitation procedure was abolished on January 27, 2012, and the rehabilitation was again decided on January 2012 by the same court 2012 Gohap3, and obtained the rehabilitation plan approval on July 25, 2012.

D and E (hereinafter referred to as “Defendant’s Intervenor”) were appointed as a custodian upon receipt of the Defendant’s Intervenor’s Intervenor C’s joint management of the rehabilitation company C.

B. On August 9, 2007, F entered into a shipbuilding agreement between C and C with each vessel number G and H (hereinafter “G vessel” and “H vessel,” and the combination of the above two vessels at USD 34,200,000 (hereinafter “instant vessel”). The main contents are as follows.

The contract was prepared individually for each of the instant vessels, but its content is identical except for the delivery deadline (the end of August 2009 in the case of G vessel, the end of May 2010 in the case of H vessel).

Articles 1 and 12 of the Articles of Incorporation

I.3.(a) In the case of "(a)," translation is made into "Article I.3(a)."

descriptive and pres

3.(a) Each of the vessels of this case must be constructed in conformity with the current regulations and rules of the Korean Classification.

(b) The provisions, rules, and requirements of Korean level shall include the publication and effective as of the date of the conclusion of the instant contract.

Articles of Incorporation

Ⅲ Adjustment of the cost of shipbuilding vessels; and

1. The delay in delivery of a ship (c), but if the delivery of a ship is the shipper C of the instant contract.

(c).

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