(영문) 부산지방법원 2015.11.26 2014가단12139

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(영문) 부산지방법원 2015.11.26 2014가단12139

선박수리비

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 93,818,912 as well as the full payment from March 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 13, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a sales contract with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on the purchase price of KRW 150,00,000 with respect to the vessel B owned by the Plaintiff (hereinafter “instant vessel”) (hereinafter “instant sales contract”), and the main contents thereof are as follows.

(1) The down payment shall be KRW 70,000,000, and the intermediate payment of KRW 50,000,000 shall be paid 30 days after the date of the contract, but it shall be paid at the time when the fairness of repair work is completed, and the progress of repair work shall be determined by the plaintiff.

(2) Any balance of KRW 30,000,000 shall be paid 45 days after the date of the contract ( January 6, 2013) and shall be paid after the plaintiff confirms that there was no completion of repair works and the trial run of loading and unloading equipment for navigation and unloading.

③ The Defendant shall sell the instant vessel to the Plaintiff with the completion of repair in accordance with Annex 1 (A), and the Plaintiff shall purchase the instant vessel with the purchase price.

(4) The defendant delivered the instant vessel to the plaintiff at the expense of the defendant until January 5, 2013, after completion of repair at the expense of the defendant, and the plaintiff will accept it.

When the part payment is made, the defendant shall transfer the ship's right to the plaintiff.

(5) The Annex to this Agreement shall have the same effect as the contract in part of the contract.

(Article 8). (b)

Meanwhile, at the time of the above sales contract, the Plaintiff and the Defendant set up the instant vessel repair work and the installation of various equipment in accordance with the Rules of the Korea Ship Safety Technology Authority (hereinafter “Ship Classification”) in Annex 1 (hereinafter “instant Annex”) as indicated in the attached Annex to the said Annex, and the primary construction is carried out as follows:

C. However, on January 22, 2013, the Defendant did not complete repair of the instant vessel or conduct hull inspection.

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