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(영문) 서울중앙지방법원 2016.10.27 2016가합4636
손해배상(기)
Text

1. The Defendant’s KRW 210,336,00 and the Plaintiff’s annual rate of KRW 6% from April 7, 2016 to October 27, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal entity that runs the shipping brokerage and agency business, and the defendant is a legal entity that runs the export and import intermediary business.

B. On November 28, 2014, the Plaintiff entered into a contract to charter a baseline (hereinafter “instant charter contract”) from Bobama LTD (hereinafter “Ship owner”). The Plaintiff entered into the instant charter contract with MV (MV. CMFGULI, hereinafter “instant vessel”). The main contents are as follows.

- Chartering States have the honor to supply to their engines and auxiliary equipment suitable for their boarding and to the spectrum listed below:

Intermediate fuel oil (IFO): 380 sst-iso 8217 (2005) rmg 35 - Period: approximately 20 days to 30 days - charterage: USD 8,800.00 per day or in proportion to excess hours shall be paid.

C. On November 28, 2014, the original Defendant entered into the instant oil supply contract (hereinafter “instant oil supply contract”) with the Defendant to supply intermediate fuel oil (IFO) 380 CTS 400MT to the instant vessel (hereinafter “instant oil supply contract”).

The main contents of the contract are as follows. - Suppliers: Possessions Lyuzz Lecs (Soyuz Pestaum LLC and hereinafter referred to as “owner”).

- Quality shooting - 380CST - Quantity: 400MT - U.S. dollars 325.00 MD - Stes/ Prices: These contracts are based on the terms and conditions of the Supplier. 2) The Defendant entered into an oil supply contract with its owner and supplied oil to the instant vessel on behalf of the Defendant in accordance with NAKKKA on December 7, 2014.

On December 15, 2014, Litd Litd Litd, Litd, Litd, Litd, Inc, conducted a quality inspection of oil supplied to the instant vessel by the owner of the instant vessel. The said oil not only meets the specifications stipulated in the instant oil supply agreement, but also causes considerable damage to the fuel injection system and engine parts.

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