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(영문) 서울중앙지방법원 2015.02.12 2013가합509871
손해배상(기)
Text

1. The Defendant’s KRW 919,339,441 as well as its annual 6% from December 16, 2009 to February 12, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

(a) Conclusion of a shipbuilding contract 1) Jinse Shipbuilding Co., Ltd. (hereinafter “Jinjin Shipbuilding”).

Around June 2007, a vessel owner entered into a shipbuilding contract with three vessels of 32,00 tons or more (ship number JS2019, JS2020, JS2021, or JS2021; hereinafter referred to as “each of the vessels of this case”) at USD 32,00,000 per vessel of 32,00 U.S. dollars on or around August 13, 2007. A vessel owner, who is a vessel, entered into a vessel, a shipbuilding contract with the vessel of 32,00,000 US dollars. A vessel owner, who is the vessel, was the vessel, assigned the vessel’s status as Songping Pte. Ltd (hereinafter referred to as “the above two vessels”). In addition to the above two vessels, the vessel owner transferred the vessel’s status as Song Tping Ltd.

2) The Defendant paid the advance payment on five occasions in accordance with the shipbuilding process on a shipbuilding boat.

B. 1) With respect to each shipbuilding contract of this case, the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”) is involved in the advance refund guarantee contract and advance refund guarantee insurance contract.

A) Around the time of the conclusion of the above contract, Jin Shipbuilding and Jinse Shipbuilding entered into an advance refund guarantee contract that guarantees the obligation to pay advance payment to Jinse Shipbuilding. The National Bank issued a letter of advance payment repayment guarantee ("Advance PY") with the consignor as the beneficiary. (2) The Defendant, the Plaintiff, and the Japanese Fire Marine Insurance Co., Ltd. (hereinafter "Lin Fire") issued the advance payment guarantee in March 20, 208 at the request of Jinse Shipbuilding, when the event of the above advance payment refund occurred on March 20, 208, the Defendant, the Plaintiff, and the Japanese Fire Co., Ltd. (hereinafter "Lin Fire") in the event of the occurrence of the accident of the advance payment refund on March 20, 208, the Defendant, the Plaintiff, and the Japanese Fire paid insurance money equivalent to the deposit to the National Bank.

(2) the Defendant jointly assumed the insurance policy on behalf of the secretary company (the insurer that issues the insurance policy on behalf of the joint insurer).

A. The insurance policy of the raw water insurance of this case was issued.

The defendant, the plaintiff, and the Japanese fire are 60% of the defendant, the plaintiff, and the Japanese fire.

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