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(영문) 서울중앙지방법원 2018.04.18 2017가합17851
정산금 등
Text

1. The portion of the instant lawsuit claiming transshipment costs, transshipment costs, and equipment rental charges shall be dismissed, respectively.

2. The defendant.

Reasons

1. Basic facts

A. The plaintiff is a limited liability company established in accordance with English law for the purpose of marine transportation, etc., and the defendant is a bankruptcy trustee of the debtor, Hanjin Shipping Co., Ltd. (hereinafter " Hanjin Shipping") established in accordance with Korean law for the purpose of marine transportation, etc.

B. On February 20, 2014, the Plaintiff entered into a joint agreement with the Hanjin Shipping, Csstru Liner Lines, Kawakikikiki, LTD. (Kawasaki Kisis Kisis Kaisish, Ltd.) and Eburgin’s services fish hold in Europe, etc., including Asia and the underground sea area, with a view to enhancing the efficiency in the operation of containers owned or charteredd by each company in carrying out cargo transport services in Europe, etc., each company entered into a joint agreement with each other on the route of each company’s operation by leasing containers in uniform vessels operated by each company.

C. Under the instant contract, the Plaintiff: (a) assigned uniforms for the Hanjin Shipping to a container vessel operating along the Asian-Ground Sea Routes, Asia-U.S. Coastal Sea Routes, and Asia-U.S. Coastal Sea Routes; and (b) operated the pertinent container vessels (hereinafter “instant vessels”); (c) Hanjin Shipping transferred the Plaintiff’s right to use uniforms to a container vessel operating the Asian-Ground Sea Routes, Asia-U.S. Coastal Sea Routes, Asia-U.S. Coastal Sea Routes, and Asia-U.S. Coastal Sea Routes from the Plaintiff, among vessels owned, chartered, and operated under the instant contract.

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