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(영문) 부산지방법원 2015.04.17 2014가단31161
구상금등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2013, the Plaintiff entered into a sales contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) to purchase the baseline D (hereinafter “instant vessel”) under the name of Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following terms (hereinafter “instant sales contract”), paid the down payment of KRW 20 million on the same day, and completed the registration of ownership transfer on the said vessel on the 30th of the same month.

(1) The purchase price for a ship itself shall be KRW 80 million, and the purchase price for other auxiliarys shall be KRW 80 million.

② Of the purchase price for a ship itself, KRW 20 million shall be paid as the down payment on the date of the contract, and KRW 300 million shall be substituted by the debt to E, and KRW 480 million shall be paid in lieu of the debt of bank loans to each Plaintiff, and KRW 80 million in the purchase price for the accessories shall be paid from January 15, 2014 to August 15, 2014.

B. Meanwhile, on October 28, 2013, as a seafarer employed by Defendant A, the F, working as the captain of the instant vessel, was killed in the instant vessel (hereinafter “instant accident”). Accordingly, F’s bereaved families, based on the maritime lien, filed an application for voluntary auction of the instant vessel and an application for custody and maintenance of the said vessel. On November 21, 2013, Busan District Court rendered the Busan District Court’s decision on the temporary auction of the instant vessel and the decision on the preservation of the vessel’s custody (H of Busan District Court).

On November 26, 2013, the Plaintiff paid KRW 150 million to the bereaved family members of F with the repayment of the secured obligation of the maritime lien, such as F’s wages, to the mortgagee. The F’s bereaved family members withdrawn the application for voluntary auction and the application for the preservation of guard on November 27, 2013.

C. In the application for the instant payment order, the Plaintiff expressed his/her intent to offset the claim for reimbursement of KRW 150 million with respect to the subrogated payment amount of KRW 150 million paid by the Plaintiff to F’s bereaved family members in accordance with the instant sales contract against his/her obligation to pay the remainder of sale

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