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1. The Defendant’s KRW 710,781,357 among the Plaintiff and KRW 270,781,357 among the Plaintiff, shall be KRW 440,00,00 from January 29, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company operating marine cargo transport business, marine transport brokerage business, etc., and the Defendant is a company operating marine cargo transport business, vessel chartering business, trade business, etc.
B. On November 3, 2014, the Plaintiff entered into a settlement agreement with the Defendant that the Defendant shall pay the vessel management fee that the Plaintiff pays to C Co., Ltd. (hereinafter “C”) in advance to the Plaintiff in relation to two Shep gas transport lines.
(hereinafter “instant settlement agreement.” According to the instant settlement agreement, if the Plaintiff paid vessel management fees to C pursuant to the vessel management agreement with C, and notifies the Defendant of the details thereof, the Defendant paid the vessel management fees to the Plaintiff within 30 days from the date of receipt of such notification.
C. On December 29, 2017, the Plaintiff paid C a total of KRW 270,781,357 of the vessel management fees in 2017, and notified the Defendant of his/her claim for payment of the fees. A total of KRW 440,00,000 of the vessel management fees in 2018 was paid, and notified the Defendant of his/her claim for payment of the fees on January 3, 2019, and each of the above notification reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above findings of determination, the Defendant: (a) KRW 710,781,357 in total of vessel management fees (= KRW 270,781,357 in total); and (b) KRW 270,781,357 in total; and (c) KRW 440,00,00 in total from January 29, 2018 after 30 days from the date of receipt of notice of payment; and (b) KRW 30,440,00 in total from February 3, 2019 to the date of receipt of notice of payment; and (c) KRW 6% in each of the instant complaint from February 1, 2019 to April 11, 2019; and (d) the main sentence of Article 31 of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the main sentence of Article 31 of the former Act concerning the Encouragement, etc. of Legal Proceedings until May 31, 2019.