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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 110,000 and its amount from September 7, 2013 to September 4, 2014.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company that runs the shipping transport brokerage business, etc., and the Defendant Alleyho Lake (MV Gold, hereinafter “instant vessel”).
(2) The Defendant purchased and dismantled a construction equipment used in the Guam Construction, etc. in the Guam of the United States of America, and tried to carry out the business of bringing into Korea and selling it, with the name of “B”, as an individual entrepreneur engaged in construction machinery sales business.
B. On July 23, 2013, the Defendant entered into the instant charter contract and paid 50,000 U.S. dollars to the Plaintiff as the down payment on July 30, 2013, through the broker D, for the purpose of transporting the instant vessel from the Guam to the Republic of Korea, including the high-speed construction equipment, etc., and on the following terms:
<이 사건 용선계약> 용선항해구역 : 울산에서 미국괌을 거쳐 한국부산지역(제5조) 용선기간 : 대략 20일~25일 사이(제5조) 선박의 인도 구역 : 울산항 최종 도선사 하선지점(제6조) 선박의 인도 시기 : 2013. 7. 29. ~ 2013. 8. 10. 사이로 한다
(Article 7) charterage - Charterage - Payment in the amount of the number of charter days calculated by calculating the amount of US$ 8,000 per day during the charter period under a contract (Article 9): The cost of hold cleaning shall be determined at US$ 2,500.
(Article 10. (A. - Costs of Specialized/S. / T. Contact: US$ 2,500 during the charter period.
(Article 11. Payment method of charterage (Article 9) - Payment of 50,00 U.S. dollars 50,00 for a day after both parties to the instant charter contract were dead, - Payment of the estimated fuel consumption amount, space cleaning cost, professional/stop/type cost during the charter period of charterage and the charter period of 15 days within 3 days after departure from the port of Ulsan, - Payment of the remaining charterage anticipated within 2 days after departure from the Guam - Final charterage settlement shall be made within 3 days after the first half line.
C. On August 12, 2013, the Plaintiff (i.e., the Plaintiff) on August 12, 2013.