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(영문) 부산지방법원 2014.04.30 2013가합19277
부당이득반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a ship under the trade name D, and the Defendants are engaged in the business of repair of vessel parts, etc. under the trade name of husband and wife E.

B. The Plaintiff requested the Defendants to repair the instant vessel F, a vessel owned by the Plaintiff (hereinafter “instant vessel”). Defendant B did not pay a total of KRW 474,501,884, the Plaintiff filed an application for the auction of the instant vessel as G with the claim amounting to KRW 474,501,884 in the capacity of a maritime lien holder, and the decision of voluntary auction was rendered on October 17, 201.

(hereinafter “instant auction”). C.

The preparation process of “The First Agreement” and the process of proceeding 1) The Plaintiff filed a lawsuit against Defendant B on the grounds that the Defendants’ claim amount is excessive. On the other hand, the Plaintiff filed a criminal complaint against the Defendants under the Busan District Court’s District Court-201Gahap26950, and the Defendants filed a criminal complaint under Articles 2012-Ma968 and 2012-Ma7613. On February 22, 2012, the following agreement with Defendant C and the instant vessel amounting to 300,000,000 won (hereinafter “the First Agreement”).

B. He withdrawn the litigation and criminal complaint for the confirmation of the existence of the above debt, and Defendant B delayed the auction date in accordance with the above agreement.

1. Defendant C shall immediately withdraw the G Ship Sales Case at the same time with the repair cost of KRW 300,000,000 for the instant vessel owned by the Plaintiff.

2. The Plaintiff shall fully withdraw from the Busan District Prosecutors’ Office No. 2012 type No. 968, 2012 type No. 7613 and the Busan District Court’s 201Gahap26950 against the Defendants.

3. The Plaintiff and Defendant C waives all civil and criminal claims subsequent to the instant case.

4. The agreed amount to be paid by the Plaintiff to Defendant C shall be paid from the price when the instant vessel is sold or sold, provided that the Defendant C does not sell or sell the said vessel within the next three months.

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