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(영문) 서울고등법원 2012.10.19 2012나23490
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following changes and additions, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters to be modified and added; and

O. Each of "$ 24,675,898" shall be changed to "$ 24,675,898" on the 3rd, 13th, 6th, 2, 19, and 20th, 3rd, 3rd, 6675,898.

O. On Chapter 4, Section 15 of the first instance judgment, the London Maritime Arbitration Committee shall add “as of April 2010” to the following:

o. The part of the judgment of the court of first instance from 5 to 10 pages 7 of the judgment of the court of first instance regarding the "whether the rehabilitation claim of this case is extinguished due to the defendant's offset" is modified as follows.

(f) On February 12, 2010, the fact that the Defendant, with the permission of the court on February 12, 2010, gave up the benefit of time for the obligation corresponding to the amount of the rehabilitation claim of this case, and that the Defendant, with the automatic claim for charterage and damage compensation against the Defendant on February 17, 2010 and on February 22, 2010, expressed his/her intention to offset the amount of the claim against the Defendant on an equal amount of the claim against the Defendant on February 17, 2010. The provisional attachment decision of this case was delivered to the Defendant on March 31, 2010, each of the above claims against the Defendant on March 24, 2010, the Defendant and the Defendant agreed to refer the Plaintiff on March 14, 201 to the Maritime Arbitration Committee for all disputes between the vessel owner and the charterer on March 31, 201, which was recognized by the Defendant on April 18, 2010.

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