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(영문) 부산지방법원 2018.09.14 2017가단324987
채무부존재확인
Text

1. Each obligation described in the separate sheet No. 1 attached to the Plaintiff (Counterclaim Defendant) with respect to the Defendant (Counterclaim Plaintiff) B and C shall be listed in the separate sheet No. 2.

Reasons

1. Shipmaster B B on October 6, 2016, the date of boarding and unloading from the position of basic facts No. 1 captain B on June 11, 2017, the date of boarding and leaving the position shall be the 31 engineer D on April 9, 2015, April 14, 2017, and September 6, 2017.

A. The Plaintiff, as the pre-owner of the baseline E (former F; hereinafter “instant vessel”), was engaged in maritime cargo transport business under the trade name of “G” and sold the instant vessel to H on June 16, 2017. The Defendants entered into a seafarer labor contract with the Plaintiff and provided labor on board the instant vessel. The Defendants are seafarers who entered into a seafarer labor contract with the Plaintiff and provided labor on board the instant vessel. The Defendants’ duties and boarding period under the said seafarer labor contract are as listed below.

B. On July 25, 2017, the chief of Busan Regional Maritime Affairs and Fisheries Office issued a confirmation source of overdue wages with the purport that the Defendants confirmed that they were not paid wages as indicated below by the Plaintiff (hereinafter “instant overdue wages confirmation source”).

Serial Name Overdue Wages 1 B 6,840,000 2,30,800,800,800,8300,835,000 4,050,000 18,825,166,660 1,280,000 20,350,125,000 235,125,166,6601,660 3D 1,026,660 46,6601,59,590,830,3030,005,000 20,125,0000 20,125,921,6603D 1,666,660 1,560,59, 830,30,300,3005,1249,00

C. On August 2, 2017, upon the request of the Defendants, the Defendants, with a total of KRW 78,244,670 on the instant wage claim in arrears as the secured claim with a maritime lien, the procedures for the auction of the International District Court of Busan as well as the procedures for the preservation of the J of the J of the Busan District Court as to the instant vessel were commenced on August 2, 2017. On August 11, 2017, with K of the Busan District Court and K of the Busan District Court, the procedures for the auction of the said vessel, excluding the distribution procedures, and the disposition to preserve the vessel

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1-1, 2, 3, Eul evidence 4-1, 2, Eul evidence 9-1, 2, Eul evidence 11, 13, and the purport of the whole pleadings

2. The Parties.

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