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(영문) 부산고등법원(창원) 2017.09.14 2016나25464
사용료
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On February 1, 2009, B Co., Ltd. (hereinafter referred to as “Nonindicted Company”) concluded a contract between the Defendant and the non-party company (hereinafter referred to as “Nonindicted Company”) under which the Defendant would produce and deliver the vessel block to the Defendant and pay the vessel block to the non-party company (hereinafter referred to as “instant contract”).

The non-party company completed the production of 20 glocks, an essential equipment, (hereinafter referred to as “the instant glocks”) to move the same day block.

B. From February 1, 2009 to May 3, 2012, the non-party company produced vessel blocks under the instant contract, and supplied the vessel blocks to the Defendant using the instant Capital, etc.

C. On May 3, 2012, C entered into a contract with F, who is the actual operator of the non-party company, to take over all rights and obligations of the non-party company regarding the instant contract. On the same day, C entered into a contract to take over the instant capital between the non-party company and the non-party company.

The above contract for the transfer and acquisition of the language stated that “the out-of-the-counter company was unable to obtain the settlement of rent or lease of the instant loan to the Defendant, and C is obliged to receive the unpaid rent.”

C established the Plaintiff on May 7, 2012, and transferred all rights and obligations under the instant contract and the instant transfer contract to the Plaintiff.

E. On February 1, 2013, February 1, 2014, and February 1, 2015, the Plaintiff entered into a unit price agreement or individual contract under the instant contract with the Defendant separately, and made a vessel block under the instant contract by January 31, 2016, and supplied the vessel block to the Defendant using the instant glock, etc.

F. The “support and other” items of Work Scope (the scope of work) attached to each unit price agreement between the Plaintiff and the Defendant support the Plaintiff with the “ship block application,” but the vessel block.

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