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Reasons
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(영문) 부산지방법원 2016.08.17 2014가합16473
소유권이전등기 등
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1. Defendant B Co., Ltd.: USD 1,000,000 and its amount from August 9, 2014 to January 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation of the Philippines, and Defendant A is a company established for the purpose of maritime transport and vessel leasing business, and Defendant B is a company established for the purpose of vessel and port service business.

B. 1) On June 10, 2014, Defendant A prepared an export agreement on the instant vessel; Defendant B prepared a vessel listed in the attached list (hereinafter “instant vessel”) with Defendant B.

2) A commission to sell or purchase US$ 865,000 (hereinafter “instant commission contract”).

A) On the other hand, “ship export contract” containing the following contents was prepared. The delegating person of the vessel export contract: Defendant A and the mandatary: Defendant B, Article 1 (Purpose of the Contract) is to facilitate the export of the vessel of this case by entrusting Defendant B with all of the duties necessary to export the vessel of this case to a foreign country within the prescribed time limit. Article 2 (Scope of Services) is to perform the following duties related to the export of the vessel of this case:

2. Payment to the owner of a ship after the receipt of the sales proceeds of the ship from the sea fishing;

3. Preparation of all the documents necessary for exporting vessels, and Article 7 of its signature thereon;

1. Defendant A shall delegate the consignment export to Defendant B with the sales price of the instant vessel US$ 865,000.

2. Payment method shall be made by Defendant B to Defendant A without deducting bank fees from the account designated by Defendant A.

3. By June 13, 2014, Defendant B deposited USD 86,50 (10% of the above sale price as contract deposit) in the utility tunnel account opened between the Defendants, and deposited USD 173,00 (20% of the above sale price as part payment) in the said utility tunnel account until June 20, 2014, and Defendant A received the same amount at the same time as delivery documents and ship delivery on the delivery date of the vessel.

4. Defendant B, together with USD 605,50,00 in the balance of the above sale price, shall be as follows.

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