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(영문) 부산고등법원 2020.04.08 2019나51898
부당이득금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “A”)

A) A is a company established on September 26, 2002 and engaged in the business of building, remodeling, etc. of vessels. A was declared bankrupt on November 12, 2019 by Changwon District Court 2019Hahap10039, and on the same day, the Plaintiff was appointed as A’s bankruptcy trustee. 2) The Defendant is a company engaging in the business of manufacturing and selling vessel designs, such as a hatch cover and a structure installed on the top of a vessel to protect cargo from external environment, such as snow, rain, and rain.

B. A, around August 14, 2008, entered into a purchase contract between A and the Defendant, the trade name at the time of the Defendant was “C,” but the trade name was changed to “C,” on January 11, 201, and was merged with the Defendant on December 31, 2015. Between B and B, the trade name was changed to “C,” and the Defendant was merged into “D,” on December 31, 2015. B between B and B, the trade name was 1,182,00 U.S. dollars (hereinafter “U.S. dollars”).

(1) The purchase agreement of the goods to be purchased (hereinafter referred to as the “instant contract”)

A) The part relating to the instant case was signed, and the part relating to the election number E and Fpck’s number Fck’s number (hereinafter “Sck’s number E”) and “Sck’s number F.

each damaged part of the Commission, the main part of which is

Details are as follows:

Article 1:Contract Goods and Goods

1. Name: HATCH COVE SETS - Box Type

2. The number of supply: 8Vsss; and

3. Scope of supply: The details and scope of supply shall be governed by the specifications of the professional purchasing engineer specifications (POS) and estimates of B (the defendant; hereinafter the same shall apply) on June 10, 2008, from among the relevant mutual election of Party A (the plaintiff; hereinafter the same shall apply).

Article 2:Contract Amount and Payment Terms

1. Contract amount: USD 1,182,000,/ one thousand nine thousand or more per one,456,000/eight;

2. Terms and conditions of payment;

(a) Ten percent of the contract amount: USD 945,600 - Payment within one month after submission of securities for guarantee of advance payment by Eul;

(b) 10 per cent of the contract amount: USD 945,600 - advance payment of USD B;

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