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(영문) 창원지방법원 통영지원 2018.02.01 2017가합10592
청구이의
Text

1. A deed drawn up on October 27, 2016 by Korea-style Law Firm, which was drawn up by a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that is engaged in maritime transport business, ocean-going passenger transport business, and coastal passenger transport business, and its actual operator is C.

The defendant is a corporation that engages in vessel vessel processing business, vessel manufacturing business, etc., and the actual operator is the husband of inside director D.

B. On July 20, 2016, the Plaintiff entered into a shipbuilding agreement with the Defendant (hereinafter “instant shipbuilding agreement”) for the construction of F (ship number G: G; hereinafter “instant vessel”). The main contents are as follows.

Both the Plaintiff (hereinafter referred to as the “project owner”) and the Defendant (hereinafter referred to as the “owner”) undertake to conclude a shipbuilding contract with respect to 150TON aSPASSPAS CAR construction works and to faithfully comply therewith.

The purpose of this contract is to place an order for the construction work indicated by the ordering person to the contracting person and to make it in conformity with the terms of the construction work.

Article III Design and Regulation 1) Design drawings shall bear the costs of the ordering person and provide the recipient with the design drawings. 2) Design costs and supervision costs shall be provided by the recipient.

3) The relevant advance payment shall be made to the Korea Ship Technology and Safety Authority (KST). The construction period of the construction of the construction shall be four months from the date of commencement of the construction work for the period of the construction work under Article 4. The construction amount (one cash payment): the contract amount of KRW 2,200,000 per day (2.2,000,000): the contract amount of KRW 400,000 per day (40,000). If the owner is unable to complete the construction by the shipbuilding period specified in Article 6(1) of the Act, a delayed repayment equivalent to three percent (100/3) of the contract amount per day for the number of days immediately shall be paid to the project owner.

2) Grounds for exemption from the number of delayed days: Macheon-si (excluding the period of additional construction works in a natural disaster and the number of delayed days due to the circumstances of the project owner

(c).

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