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(영문) 서울중앙지방법원 2017.01.26 2014가합49079
회생채권조사확정재판에 대한 이의
Text

1. On August 29, 2014, between the Plaintiff and the Defendant, the Seoul Central District Court Decision 2013 Preliminary 1672 regarding the final claim inspection judgment.

Reasons

1. Basic facts

A. The Plaintiff is a company established under the laws of the Republic of Marshall Islands and engaged in maritime transport business, etc.

A and B were appointed as a joint manager on June 17, 2013 by Seoul Central District Court Decision 2013 Gohap110 on June 17, 2013 as a company operating marine transportation services, etc. (the name before the change was made on or around December 2013, 2013, and A became a sole administrator on November 7, 2013) and was authorized to obtain the rehabilitation plan approval on November 22, 2013.

On July 30, 2015, the Defendant received a decision to discontinue rehabilitation procedures and taken over the instant lawsuit from the administrator.

B. (1) On October 4, 2011, the Plaintiff entered into a time charter and an accident (hereinafter “instant vessel”) with the Defendant and the Defendant, a cream exclusive vessel (Sun Pride, hereinafter “instant vessel”).

) The charter period is about five years from the date of delivery (the 60 days increase or decrease at the option of the charterer) and the charter party (the hereinafter referred to as the “instant time charter party”).

AB concluded the agreement.

Article 43 of the Charter Agreement of this case provides that the liability for the Clives of Cargo shall be limited to the application of New York in February 1970 as follows:

Scope of application (4) Apportionment under this Agreement shall only be applied to Cargo Claims where: ⒜ the claim was made under a contract of carriage, whatever its form, (i) which was authorised under the charterparty; or (ii) which would have been authorised under the charterparty but for the inclusion in that contract of carriage of Through Transport or Combined Transport provisions, provided that (iii) in the case of contracts of carriage containing Through Transport or Combined Transport provisions (whether falling within (i) or (ii above the loss, damage, shortage, overcarriage or delay occurred after commencement of the loading of the cargo on to the chartered vessel and prior to...

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