(영문) 대전지방법원서산지원 2020.01.28 2019가단861

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원서산지원 2020.01.28 2019가단861

선박발주허가대금 등

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 92,00,000, and Defendant B with respect thereto from February 16, 2019, and Defendant C with respect to the said amount.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or recognize Gap evidence Nos. 2 to 4, 6 and Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply) and witness D's testimony by reference to the whole purport of the pleadings. A.

On May 25, 2018, in order to build a fishing vessel of 9.19 tons (E), Defendant B entered into a contract with the Plaintiff to sell and purchase vessel owner permission by setting the price of KRW 142,00,000 between the Plaintiff and the Plaintiff in order to build E with the vessel owner permission after obtaining the vessel owner permission (hereinafter “instant contract”). Defendant C jointly guaranteed Defendant B’s obligations under the said contract.

B. According to the instant sales contract, the Plaintiff changed the name of the owner of the instant vessel to Defendant B on May 31, 2018, and Defendant B paid KRW 60,000,000 to the Plaintiff under the name of the down payment, etc. under the said sales contract.

C. On June 12, 2018, Defendant B requested for the construction of the instant vessel to H with the permission of 9.19 tons of fishing vessels (E) from the head of Seocheon-gu, Seocheon-gu, 2018, but the construction was delayed, and around November 5, 2018, Defendant B changed the ownership of the instant vessel to I.

2. Determination on the cause of the claim

A. There is no dispute between the parties that Defendant B should pay the Plaintiff the remaining purchase and sale amount of KRW 82,00,000 (i.e., KRW 142,00,000 - KRW 60,000) according to the instant sales contract for the determination of the claim for the remaining purchase and sale under the instant sales contract, and the fact that Defendant C jointly and severally guaranteed Defendant B’s obligations under the said sales contract is as seen earlier.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 82,00,000 according to the instant sales contract and damages for delay.

B. The Plaintiff’s summary of the Plaintiff’s claim for compensation for operating losses is added.

유사 판례

-대전지방법원서산지원 2020.01.28 2019가단861

-서울고등법원 2017.04.07 2016나4329

-제주지방법원 2017.04.10 2016가단5879

-서울중앙지방법원 2018.08.09 2018가단5012394

-대법원 2017.05.30 2014다233176