(영문) 광주지방법원 2019.04.12 2018가단527034

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(영문) 광주지방법원 2019.04.12 2018가단527034

회원권 명의변경절차 이행

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From June 2016 to March 2017, the Plaintiff entered into a contract with the Defendant to transport a total of 98 container cargoes from Saudi Arabian Country to the light of the Republic of Korea or Hong Kong. The Plaintiff completed transportation under the said contract.

B. The Defendant did not pay the remainder of USD 492,127 (hereinafter “instant freight”) excluding USD 148,452 among USD 640,579, which is the sum of the maritime freight, storage fees, and delayed payment to the Plaintiff.

C. On March 19, 2017, the Defendant drafted to the Plaintiff a letter with the following content (hereinafter “instant letter”).

In the name transfer following the establishment of mortgage, the defendant tried to guarantee the payment of the remaining amount (the freight in this case) to the plaintiff as Bank Guante, but the defendant's principal bank was unable to obtain cooperation from the defendant's principal bank. As an alternative, 310 million won (the price purchased by the defendant) which is owned by the defendant as the defendant is deposited in the contact membership right (the price purchased by the defendant) for one year (from March 31, 2017 to March 30, 2018) and if the plaintiff fails to pay the amount agreed to the plaintiff during the above period, it is agreed that the remaining amount can be transferred to the plaintiff through mutual agreement.

(hereinafter) [Grounds for recognition] The entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. In the event that the Plaintiff’s assertion and the Defendant did not pay the instant fare by March 30, 2018, a flexible contract was concluded to the effect that the ownership of the instant membership was transferred to the Plaintiff instead of paying the instant fare. Since the Defendant did not pay the instant fare by March 30, 2018, the Defendant is obligated to perform the procedure for changing the name of the Plaintiff with respect to the instant membership in the name of the Plaintiff.

3. Determination

A. Article 339 of the Civil Code provides that the pledgee shall create the pledge.

참조조문

-민법 제339조

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