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(영문) 부산지방법원 2019.01.10 2017가단333714
손해배상
Text

1. The Plaintiff:

A. Defendant B’s KRW 9,293,218 as well as 5% per annum from August 27, 2017 to January 10, 2019.

Reasons

1. Basic facts

A. The tugboat “E” (the name of the vessel was changed to “F”; hereinafter the “instant tugboat”) was registered as the owner of the 1/2 share of Defendant B and Defendant D respectively, and the registration name of the barge “G” (hereinafter the “instant barge”) was also identical to the instant tugboat and the instant barge.

B. On March 27, 2017, the Plaintiff entered into a contract to purchase the instant barge in KRW 400 million (hereinafter “instant contract”); and the Plaintiff’s certificate No. 4, which is the contract, entered into a sales contract. The seller’s column of the instant contract entered the name of Defendant B and Defendant D and affixed his seal thereon.

Article 2 of the sales contract of this case provides that “The seller shall remove the defects, burdens, etc. of a right to restrict the exercise of ownership, such as mortgage, superficies, and chonsegwon, or all charges, including taxes and public charges, etc., established on each of the vessels of this case, and transfer them to the buyer in full by the date of

C. On April 26, 2017, the Plaintiff paid a balance sheet to the seller, and completed the registration of ownership transfer for each of the instant vessels.

On June 16, 2017, the Plaintiff entered into a time charter with H Co., Ltd. and the instant tugboat with charterage of KRW 30,000,000 per month (excluding value-added tax).

E. On June 30, 2017, when Defendant B and Defendant D registered as the owner of the instant tugboat, the crew I, etc. asserted that “A Co., Ltd. was not paid the total amount of wages of KRW 25,472,980 from Defendant D” on the part of June 30, 2017, when he chartered the instant tugboat, and received a decision to commence the commencement of the appointment of the instant tugboat and to keep it at the expense of the instant tugboat based on the maritime lien.”

F. The plaintiff started an auction to the seller.

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