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(영문) 부산지방법원동부지원 2015.10.16 2015가합100241
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 139,120,50 and the interest rate of KRW 20% per annum from February 6, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a Japanese company that runs the business of arranging the manufacture and sale of ships, and the Defendant is a company that runs the business of conducting construction business and selling and selling ships.

B. (1) On July 3, 2013, the Defendant entered into a contract with the Busan Port Industries Co., Ltd. (hereinafter referred to as “Co., Ltd.”) under which he/she would purchase self-grown-type vessels built by the Busan Port Industry (hereinafter referred to as “instant vessels”) (hereinafter referred to as “instant contract”) through the Plaintiff’s brokerage.

(2) The main contents of the instant contract are as follows.

Contract

1. The name of the relevant goods, his/her lecture-type work boat;

2. Outline ( Strategy): The details of the outlined specifications (JM AMTEC), the ELG specifications (YUAM) and platform specifications (A company) shall be as specified in the attached Form 3.

4. Price 600,000,000 United Nations

5. Contract deposit under the terms of payment: 50,000,000 p.m. for the remainder: 460,000,000 p.m.

6. The broker industry shall pay brokerage fees to the Plaintiff.

C. (1) In the process of manufacturing the instant vessel, the Defendant agreed with B to perform the instant additional construction work between B and B, and B again subcontracted the instant additional construction work to C to C.

(2) C Company completed the instant Additional Construction around November 14, 2013.

A total of 27,820,000 UN was required for the construction cost of the instant supplementary construction project that was modified. On January 10, 2014, the Defendant decided to reduce the construction cost of the instant additional construction project between Company B and B by 15 million UN (hereinafter “instant additional construction cost”) and the said written agreement (hereinafter “instant agreement”).

E. On December 26, 2014, the Plaintiff, such as assignment of claims, etc.

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