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(영문) 부산지방법원 2019.12.04 2017가합47447
선박우선특권있는 채무부존재확인 확인의소
Text

1. Ascertainment that the Plaintiff’s obligation with maritime lien against Defendant E does not exist, and the Plaintiff’s Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of G (ship, 3,403 tons, hereinafter “instant vessel”) who is a corporation with the purpose of marine passenger and cargo transportation business. Defendant B is a person engaged in the production, repair, etc. of electric power in the trade name of “H”, and Defendant C Co., Ltd (hereinafter “Defendant Company”) is a corporation with the purpose of vessel repair business, etc.

B. Meanwhile, Defendant D, E, and F signed a seafarer labor contract with an I stock company representing the Plaintiff (hereinafter “I”) and worked on board the instant vessel.

C. From September 5, 2016, Defendant B received a request from the Plaintiff for the electric repair works for the instant vessel, and completed repair, and submitted a written demand to the Plaintiff around March 30, 2017, but the Plaintiff paid only KRW 20,000,000 to the Defendant B.

On December 28, 2016, the Defendant Company completed repair at the request of the Plaintiff for the 120,000,000 won for the Engine disassembly Works for the instant vessel. During the said repair process, the Defendant Company submitted to the Plaintiff a total of KRW 186,412,600 for the supply of additional parts and additional construction, but the Plaintiff paid only KRW 52,520,000 to the Defendant Company.

E. Defendant D, E, and F entered into a seafarer labor contract with the Plaintiff as indicated in the following table (hereinafter “instant seafarer labor contract”); on September 19, 2016, Defendant D offered labor on board the instant vessel; on May 16, 2017, Defendant E left the instant vessel on May 13, 2017; and Defendant F left the instant vessel on April 10, 2017.

The annual salary for the defendant position D Master 65,000,000 E 1st class 50,000,000 F 2nd class 42,000,000

F. In accordance with the instant seafarer labor contract, the Plaintiff paid full benefits from September 19, 2016 to March 2017 to Defendant D, E, and F pursuant to the instant seafarer labor contract.

G. The defendant B asserted that he was not paid KRW 63,448,00, out of the electricity repair cost of the instant vessel by the plaintiff.

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