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(영문) 부산고등법원 2017.05.25 2016나58690
물품대금
Text

1. Revocation of the first instance judgment.

The defendants are jointly and severally liable to the plaintiff 140,520 US dollars and this.

Reasons

1. Basic facts

A. The Doel Mancheon Co., Ltd. (hereinafter referred to as Doel Maelcheon) is a charterer who charters the said vessel from the owner of the ship of the flag vessel “DK Nene” (hereinafter referred to as the “instant vessel”).

The ship of this case was scheduled to operate the section from the Jabag Port to the Jag Port, the section from the Jagag Port to the Mag Port, and the section from the Mag Port to the Mag Port to the Mag Port.

(For convenience, only the section related to the occurrence of the damage claimed by the Gelsman. (B)

On October 21, 2013, Gelman entered into a supply contract with the Defendant A (hereinafter “A”) to be supplied with USD 146,595.00 (hereinafter referred to as “US$”) of the oil at sea 155 tons of heavy oil at sea and 30 tons of sea transit 30 tons (hereinafter referred to as “the instant oil”). At the same time, Gaelping entered into a supply contract with the Defendant A (hereinafter referred to as “A”) to be supplied with the instant oil.

C. On October 16, 2013, the Plaintiff entered into an oil supply contract (hereinafter “instant oil contract”) with Defendant A to supply the instant oil at KRW 146,100 ($ 750 per ton, USD 95 per ton, per ton, and USD 95 per ton). At the time, Defendant B and C jointly and severally guaranteed the Defendant’s oil payment obligation against the Plaintiff.

On October 21, 2013, the Plaintiff: (a) supplied the instant oil by dividing the instant oil into one storage tank and two storage tanks via AWWC’s personal rackers, a local oil supplier in Indonesia, in accordance with the instant oil contract; (b) the instant ship was supplied by dividing the instant oil into the storage tank and two storage tanks of the instant ship; and (c) the instant ship was a Chinese Jinna Port at the port of Indonesia on October 26, 2013.

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