logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.11 2017가합540085
손해배상(기)
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The defendant shall pay to the plaintiff KRW 4,911,505 and its objection.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the ship in the Republic of Pakistan (hereinafter “the Republic of Pakistan”) who is the country of registry (hereinafter “the instant ship”), and the modern merchant ship company (hereinafter “the present merchant ship”) is the charterer of the instant ship, and Hyundai Marine Services Co., Ltd. (hereinafter “the present maritime services”) is the vessel management company of the instant ship.

B. Around July 2013, the Plaintiff entered into a contract with the Defendant on the supply of fuel oil to the instant vessel (hereinafter “instant contract”); and the Defendant entered into a fuel oil supply contract on the instant vessel with Eurine Co., Ltd. (hereinafter “Eurin”).

C. On July 24, 2013, the Defendant filed a prior claim with the Plaintiff for USD 673,250 ($ 673,250 ($ 850MT x 695 U.S. dollars) for fuel oil (MGO) for vessels of USD 695 per MT (hereinafter “MT”) and KRW 673,250 ($ 850 MT x 695 U.S. dollars) for fuel oil for vessels of USD 1,100 per MT). On July 29, 2013, the Plaintiff paid the Defendant the aforementioned USD 673,250 in total.

Around August 2013, 2013, HTTE Co., Ltd. (hereinafter “HTTE”), HTE entered into a fuel oil supply contract with the instant vessel, which provides fuel oil to USD 635 per ship used for the instant vessel, and USD 1,065 per ship transit to USD 1,065 per ship.

on August 27, 2013, HT supplied the instant vessel’s heavy oil of 845.584 MT and 73.791 MT for vessel use. On September 3, 2013, HT filed a claim for USD 616.03.26 of the total fuel oil price.

E. E. In relation to the above fuel oil supply, E.S. dollars 616,878.84 against the Defendant, the Defendant had a fuel oil payment claim of USD 616,878.84. However, the Defendant, on August 20, 2013, USD 250,000, and September 2013, 2013.

arrow