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(영문) 서울중앙지방법원 2015.09.18 2015가합518251
중재판정 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “Co.”), the Plaintiff, Defendant, Hyundai merchant Ship Co., Ltd., Hanjin Shipping Co., Ltd., and KSSSS Shipping Co., Ltd. (hereinafter “Co.”) are omitted, and all of them “Co-owners” are “Co-owners.”

Around September 10, 1991, a contract for the joint performance of the construction and operation of a vessel for LNG transport with the Defendant’s operator, the remainder as a participating ship owner (hereinafter “instant contract”).

2) The main contents of the instant contract are as follows.

The co-owners shall share the ships according to their respective shares, but they shall enter into a charter contract after establishing a special purpose corporation to vest the ownership of a ship in their name, and operate it after concluding the charter contract, and if the charter contract is terminated, it shall be registered in accordance with their respective shares in respect of the above ships.

Expenses, such as investments and charterage, incurred until a ship is acquired, shall be shared according to the ratio of shares of the joint ship owners, and profits shall also be apportioned according to the same ratio.

3) Accordingly, the co-owners, around 1991, are specially-purposed E&P Sping, a special purpose corporation of the nationality of Pakistan (A&P Sping).

S. A., hereinafter “A&P”

AWP jointly established a LNG transport line (name “ANG transport line”) between Hyundai Heavy Industries around that time.

hereinafter referred to as “instant vessel”).

B. The co-owners acquired the ownership of the instant vessel on December 22, 1993 and E&W acquired the ownership of the instant vessel on December 20, 1994.

2. On May 20, 2008, the co-owners acquired the ownership of the instant vessel from E&P on May 20, 2008, and completed each registration of initial ownership by the Defendant as to 51%, the Plaintiff, Hyundai merchant Ship, Hanjin Shipping, 14.18% respectively, and 6.46% of KS Shipping.

(c).

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