logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.08.25 2015나5521
유류대금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The following facts are acknowledged as either under dispute between the parties, or under the overall purport of the arguments and arguments, as follows: Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 3, and 6 (including each number), the fact inquiry results with respect to the Korea Tongsan Co., Ltd. (hereinafter “Korea Tongsan”) and the whole purport of the arguments.

A. The plaintiff is a company that aims at the oil brokerage business, etc., and the defendant is the owner of the ship listed in the attached Form (hereinafter "the ship of this case"), who is a Russia company that aims at fisheries, etc.

B. On September 3, 2009, the Defendant entered into an agency contract with the Korea Tongsan with respect to the supply of goods necessary for navigation, such as oil supply to the instant vessel, or the sale of fishery products acquired through its operation.

C. Meanwhile, on the other hand, the Defendant sold fishery products, etc. through a company called MAX FOT UN ENTRPSS LIMITD (hereinafter “ME”), and: (a) On March 13, 2014, Hobama Green Services (hereinafter “NE”), a domestic company mainly engaged in ship agency business, oil retail business, etc. (hereinafter “NE”) purchased USD 221,816kg of the name caught by the Defendant from MF at USD 379,305.36; and (b) Korea Tongsan participated in the said contract as a representative of MEF.

It exported the name tag purchased as above to China's vertical trade limited company, but it was not paid the name tag to IM because it did not receive the name tag from the above company. D.

The Republic of Korea was requested from the defendant to supply oil to the ship of this case and requested to provide oil to Saturdays.

On June 17, 2014, the Plaintiff ordered oil to the Plaintiff. On June 17, 2014, the Plaintiff supplied 270 tons of light oil for the instant vessel (hereinafter “instant oil”) to USD 260,550.

E. On June 27, 2014, 270 tons of oil supplied to the instant vessel as of June 27, 2014

arrow