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(영문) 서울중앙지방법원 2014.10.31 2014가단183
근저당권등기말소
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. The plaintiff is the representative director of B Co., Ltd. for the purpose of mining and wholesale and retail business in the maritime affairs (hereinafter only referred to as “B”), and the defendant is a company with the purpose of collecting, processing and selling maritime affairs.

B. B entered into a contract for maritime production, etc. (hereinafter “instant contract”) with the Defendant to supply the Defendant with maritime services by taking maritime affairs using a ship C owned by the Defendant (hereinafter “the instant contract”), and has supplied the Defendant with maritime services and received the contract fees from the Defendant.

C. On the other hand, on July 26, 2004, the Korean War Co., Ltd. (hereinafter referred to as the “Korea War”) was involved in the accident that the said Korean No. 1000 was previously recovered due to the navigational negligence of C while carrying out the human salvaging work of the sunken vessel D (hereinafter referred to as the “the prior reproduction of the instant vessel”).

Accordingly, the defendant, the owner of the C, and the user of the C's captain E, filed a lawsuit against the defendant, the owner of the C's living in Korea, seeking compensation for damages arising from the aforementioned reproduction and lease (In Incheon District Court 2004Gahap14624).

In the appellate trial of the above case (Seoul High Court 2008Na119011), on January 25, 2010, the conciliation was concluded between the Republic of Korea Nanbe and B, and the payment of KRW 50 million was made between the Republic of Korea Nanbean and the defendant, and on June 16, 2010, the judgment of "the defendant would pay the amount of KRW 401,683,674 in the Republic of Korea Nanbean and its delay damages," and the above judgment became final and conclusive after the final appeal.

(hereinafter referred to as "the lawsuit in question"). The above (A) arbitrarily used C, a maritime gathering vessel, for salvage operations, which are all unrelated to the original purpose of the sea, and is responsible for all the damages that you may incur due to the occurrence of the above operations, and shall perform in good faith the following:

- - Future -

1. The above damage.

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