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(영문) 부산지방법원 2018.10.04 2017가단338610
배당이의
Text

1. Of the distribution schedule prepared on December 22, 2017 by the same court with respect to the Busan District Court D's D's auction of ships.

Reasons

1. Basic facts

A. 1) The press boat E (hereinafter “instant vessel”)

(A) On October 12, 2009, the Ship’s Nationality Certificate “OCEN WING MAITME” (OCEN) as a corporation in the Republic of Pakistan on October 12, 2009

S. A. (hereinafter referred to as “work wing”).

2) On May 28, 1998, two main shipping companies were registered as owned by the two main shipping companies (hereinafter “dual shipping companies”) and were established for the purpose of maritime transport business, etc., and concluded a bareboat charter with respect to the instant vessel and operated the instant vessel upon acquisition of nationality.

3) Two U.S. Shipping Co., Ltd. (hereinafter “S. L.W.”) are Sungsung Shipping Co., Ltd.

(4) The Defendant (Appointed Party; hereinafter “Defendant”) and the designated parties concluded each seafarer labor contract on behalf of two personal shipping and the seafarers on board the instant vessel.

5) The Plaintiff is a legal entity operating the Wage Claim Guarantee Fund under Article 56 of the Seafarers’ Act. 6) In order to guarantee the payment of seafarers’ wages on board the instant vessel under Article 56 of the Seafarers’ Act (amount of wages paid for the last three months and the retirement allowances paid for the last three years), the Plaintiff joined the Wage Claim Guarantee Fund operated by the Plaintiff on behalf of two marine transportation.

B. On September 7, 2016, on the basis of the oil payment claim against the instant vessel, the Plaintiff filed an application for voluntary auction of the instant vessel to Busan District Court D on September 7, 2016, and the same month accordingly.

8. Voluntary auction procedure regarding the instant vessel (hereinafter “instant auction procedure”) was initiated.

2) On December 12, 2016, the court of auction determined and publicly announced the completion period to demand a distribution on December 12, 2016. 3) Defendant B is the designated party to the auction court on October 25, 2016, with respect to the wage and retirement allowance for the period of boarding the instant vessel as the designated party to the auction court.

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