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(영문) 부산지방법원 2019.06.20 2017가단325263
대리점료등
Text

1. The Defendant shall pay to the Plaintiff KRW 171,04,512 and the interest rate of KRW 15% per annum from August 22, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, a corporation for the purpose of the shipping agency business, etc., performed the vessel agency business, such as vessel and crew management, as the vessel agency from September 2016 to “C” (hereinafter “instant vessel”).

B. However, the Plaintiff did not receive the total of KRW 171,044,512, including the crew pay and the vessel supplies paid in the course of performing the vessel agent’s duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant, as the sole operator or joint operator of the instant vessel, requested the Plaintiff to perform the vessel agency services for the instant vessel, and thus, the Plaintiff is obligated to pay the aforementioned agency expenses.

B. The summary of the Defendant’s assertion did not have concluded a ship agency contract with the Plaintiff.

Furthermore, the Defendant is merely the creditor of the instant vessel, and the operator of the instant vessel is D, so there is no obligation to pay the said agency cost to the Plaintiff.

3. Determination

A. The key issue of the instant case is whether the Defendant entered into a vessel agency contract with the Plaintiff as the operator of the instant vessel.

(b)In full view of the overall purport of the pleadings, the following facts are recognized in the descriptions of Gap evidence Nos. 1, 4, 17, and Eul evidence Nos. 2 and 3:

1) Around February 2010, D purchased the instant vessel from E. During that process, D purchased the instant vessel from F, etc., and even borrowed money, such as repair costs, from F, etc. (ii) Defendant and G, who were F’s creditors, prepared a written agreement with D and F regarding the operation of the instant vessel on April 24, 2014, as follows, and had been settled from around that time.

B G G G G G G B C C B G C C CF D C G3, and this.

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