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(영문) 부산지방법원 2017.04.14 2016나43008
손해배상(기)
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff B’s claim as to the revoked part is revoked.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) The defendant C Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") is a corporation established for the main purpose of the ship management business (including crew management) and the defendant D serves as the representative director of the defendant Co., Ltd.

B. The original and the Defendant Company entered into a basic contract for the management of foreign seafarers with NFFC and a foreign seafarer, and the said basic contract entered into by the Defendant Company was terminated on July 13, 2009, in excess of the seafarer departure rate. (2) On March 12, 2010, the Defendant Company entered into a contract for the transfer of foreign seafarer management affairs between the Plaintiff Company and NFFC (hereinafter “instant transfer contract”). On the same day, the Plaintiff Company and NFC entered into a contract for the transfer of foreign seafarer management affairs (hereinafter “instant transfer contract”).

3) The contract for the transfer of this case is about KRW 30,000,000 (hereinafter “instant contract performance bond”) paid by the Defendant Company to NFFC.

) The Plaintiff Company was to transfer to the Plaintiff Company by succession to rights and obligations, and thereafter the Plaintiff Company, around October 2010, to the Defendant Company, a written confirmation (hereinafter referred to as the “instant written confirmation”) under which it agrees to immediately transfer the instant contract performance bond from NFFF to the Defendant Company upon receipt of the instant contract performance bond from NFFFC.

4) On July 26, 201, NFF made payment to the Plaintiff Company of KRW 27,595,200 remaining after deducting education expenses, training fees, etc. after entry of seafarers from among the contract performance bonds of this case.

C. The plaintiff B, including the progress of the trial on the charge of embezzlement by the plaintiff B, is the case of this case.

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