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(영문) 부산지방법원 2015.08.26 2014가합8816
선박건조대금 등
Text

1. The defendant,

A. The Plaintiff is entitled to KRW 54,086,36 as well as KRW 20% per annum from June 27, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 201, the Defendant: (a) requested the Plaintiff to design the instant vessel; (b) designated the Plaintiff as the Defendant’s agent on behalf of the Defendant; and (c) on behalf of the Defendant, the Plaintiff was the Hansung Heavy Industries Co., Ltd. (hereinafter “ Hansung Heavy Industries”) on June 15, 201.

B (B) the vessel was changed to C, and hereinafter referred to as “instant vessel”).

(2) The Plaintiff concluded a shipbuilding contract with the Hansung Heavy Industries as of October 19, 201, setting the shipbuilding cost as KRW 1,860,000,000. The Plaintiff paid KRW 561,00,000 to Hansung Heavy Industries as of October 19, 201 under the said contract. However, the Hansung Heavy Industries was no longer engaged in the shipbuilding process under the construction of a vessel with approximately approximately KRW 25% of the construction of a vessel. Accordingly, the Plaintiff and Hansung Heavy Heavy Industries and the Maritime Heavy Heavy Industries (hereinafter “Maritime Heavy Industries”) concluded a contract with the Plaintiff to waive the said shipbuilding contract as of October 19, 201, and to have the Hansung Heavy Heavy Heavy Industries take over the remaining construction work as is.

3) Under the above contract, the Plaintiff paid KRW 374,00,000 to the Marine Heavy Industries. However, the Marine Heavy Industries did not properly perform the construction work and neglected the instant vessel, and the Plaintiff notified the Hansung Heavy Industries and the Sung Heavy Heavy Industries of the cancellation of the said construction contract with the Defendant’s consent. (B) When the shipbuilding contract was cancelled, the Plaintiff entered into a contract on all equipment, parts, human resources, construction, etc. required for the construction of the instant vessel in its name at the Defendant’s request, and agreed to pay the price to the Defendant.

2. Accordingly, the Plaintiff entered into a contract for goods supply and construction with the company that supplies equipment, parts, etc. necessary for the construction of the instant vessel, and the said company supplied parts, etc. necessary for the shipbuilding of the instant vessel to the construction site of the instant vessel.

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