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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company established on October 15, 2008 for the purpose of marine transportation, marine transportation, port transportation, etc.
B. On August 1, 2010, Hyundai Heavy Industries Co., Ltd., Ltd. (hereinafter “Mo Heavy Industries”) set forth and lent KRW 4,739,00,000 to the Plaintiff as the shipbuilding fund for the 4,700-Fed shipbuilding vessel, at the rate of 5.5% per annum for six years with a six-year grace period, and agreed between the Plaintiff and the Plaintiff to be subject to the establishment of a collective security right with the first priority of Hyundai Heavy Industries as the secured claim.
Article 1(Purpose of this Agreement) The purpose of this Agreement is to provide for the rights and duties of Gap and Eul as well as all matters arising from the provision of services from Eul using a 4,700-mast tugboat owned by Hyundai Heavy Industries Co., Ltd. (hereinafter referred to as "A") and the KCAB (hereinafter referred to as "B") in carrying out towing business.
Article 3 (Service Guarantee Period) A shall ensure that Eul is provided with services from Eul for at least 12 years from the date of its initial contract conclusion with respect to this tugboat.
Article 4 (Change of Circumstances and Right to Demand Purchase of B) Where A does not require A to be provided with services from B due to a sudden change in the business environment during the period of service security (such as a substantial reduction in the quantity of a military shipbuilding, closure of a Dok, change of use, etc.), A may terminate this service contract. 2) In the case of paragraph 1 of this Article, B may require A to purchase this tugboat.
3) Upon request under paragraph 1 of this Article, Gap and Eul shall consult with each other and determine a reasonable price at the sale price, and if no agreement is reached, Gap shall purchase the tugboat from Eul with the average sale price after receiving appraisal of the tugboat from a certified appraisal agency designated by each person, and after obtaining an appraisal of each value, Gap shall purchase the tugboat at the sale price. Article 7 (Implementation of the Contract) 1) A shall provide services from Eul using this tugboat.