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(영문) 부산지방법원 2013.12.18 2012가합3367
준소비대차금 등
Text

1. Defendant D Co., Ltd. shall pay KRW 24,403,610 to Plaintiff A Co., Ltd and shall pay the same from March 6, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On September 22, 200, Plaintiff B established the representative director of Plaintiff A Co., Ltd. (formerly amended on October 7, 2011: G Co., Ltd.; hereinafter “Plaintiff A”) who conducts shipping brokerage business, ship management business, etc., and Plaintiff C is an individual entrepreneur who sells vessel supplies, vessel supplies, etc. with the trade name “H” as Plaintiff B and money.

B. Defendant F, along with Plaintiff B, established the I Co., Ltd. (hereinafter “Defendant F”) that left the company at Busan merchant Shipping Co., Ltd. on January 31, 1992 and left the company at around 191, which was established on January 31, 1992, which was engaged in shipping agency business, shipping transport business, etc. (which was completed on December 1, 201), but was established on April 3, 2003, which was engaged in maritime transport business, maritime cargo transport business, and brokerage business (which was changed on November 16, 201: E Co., Ltd.; hereinafter “Defendant D”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the claims against the Defendants in the Plaintiff A and B

A. The facts of recognition 1) As of April 8, 2003, with Defendant D, Plaintiff A indicated that the monthly service fee of USD 7,500 per vessel shall be indicated as USD 7,500 per vessel, including the vessel J 1, 3, 5, 7, 7, 9, 11, 13, and 8 of MOho Lake, including the vessel management services contract between Defendant D and the vessel’s J 3, the vessel safety management certificate (SMC) acquisition and maintenance, the vessel’s selection and supervision, the vessel crew, including the vessel’s captain, and the collection of maritime technical data.

3) The vessel management services agreement with the aforementioned content (hereinafter “instant management services agreement”).

2) However, even after the termination of the instant management service contract, Plaintiff A and Defendant D have agreed to manage each of the aforementioned contracts from August 1, 2011 to August 23, 2011; vessel J 9 until August 29, 2011; vessel J 13 until August 31, 201; and vessel J 13 until August 31, 201.

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