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(영문) 부산지방법원 2016.07.13 2014가합49428
어선건조대금
Text

1. All the claims of the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) is a person engaged in the business of building small ships and the business of manufacturing vessel components in the name of “C”, and the Defendant is a person engaged in coastal fishing in the name of “D.”

B. (1) On July 2013, 2013, the Plaintiff entered the shipbuilding contract with the Defendant as the vessel listed in the separate sheet (hereinafter “instant vessel”).

(2) In concluding a shipbuilding contract, the document prepared on July 6, 2013 and July 14, 2013, when entering into a shipbuilding contract with respect to the vessel (hereinafter “the first contract”) is called “the second contract” and the document drawn up on July 14, 2013 as “the second contract”).

its main contents are as follows:

The second contract for fishing vessel building contract;

2.To pay the cost of construction of the instant vessel under Article 1 of the Contents of the Contract as follows:

The construction period under Article 3 of the balance of KRW 100,000 (payment until July 16, 2013) intermediate payment of KRW 50,000,000 (payment until July 16, 2013) (payment until August 16, 2013) intermediate payment of KRW 100,000,000 (payment until September 16, 2013) shall be three months from the date of the contract, and on October 14, 2013 (when the inspection is completed on October 14, 2013), the last delivery date shall not be changed to an absolute air, and compensation for delay shall be KRW 3,00,000 (payment until August 16, 2013): Notwithstanding the drawings and specifications, the Plaintiff shall guarantee the convenience of the Defendant, such as meal, and provide the interpretation of the meal, etc.;

The Plaintiff shall agree on the repair of defects for one year, and shall make an agreement in writing on the composition and operation of the A/S exclusive team.

Documents necessary for the establishment of ownership shall proceed with the trial operation of the present goods and the transfer after the final regular inspection, and take over them through mutual consultation at the designated place of the plaintiff on October 14, 2013, and matters other than this contract shall be in accordance with the examples of ordinary transactions, and the details attached to both the plaintiff and the defendant shall be in accordance with the attached details.

The down payment of this contract shall include a balance loan, and the date of the execution of the loan procedures shall not be included.

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