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(영문) 서울중앙지방법원 2021.01.20 2020가단5028484
체선료 청구
Text

1. The defendant is 54,943.07 US dollars and 6% per annum from March 26, 2019 to February 11, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. In around 2018, the Defendant entered into a contract with C (hereinafter “C”) on the supply of smoke gas in Indonesia (hereinafter “instant supply contract”).

B. In order to transport flexible coal according to the above supply contract, the Defendant offered a charter of power-driven coal transport vessels. The notice of the above bidding is to make a direct settlement with the “speper (owner)” of the loading port, and the Defendant inform that the difference will not be settled.

“ ............”

(c)

On February 1, 2019, the Defendant concluded a charter party for the instant voyage charter (hereinafter referred to as “instant voyage charter”) with respect to the transport of the Plaintiff and the instant flexible coal.

Article 3 (Contract Freight Unit) Contract Freight unit price is US$ 5.4/MT, which is the FIOST unit price at the port of registry under section 4(2) to the port of discharge.

However, the freight for the quantities shipped in excess of the quantities in paragraph 2 of Article 4 is U.S. 2.7/MT which is 1/2 of the contract freight unit price.

Article 4 (Contract Quantities and Main Conditions of Transport) ① Item 1: (SUB) - BITUINO US COL (INB) ② Classification of contract quantities, port of shipment, port of shipment, date of shipment, due date of notification of vessels, etc. / Supply / Supply 7.60,000 【 10% on February 21, 2019 to February 28, 2019. The supply specifications and anticipated time of shipment under the above paragraph (2) can be adjusted before the plaintiff's proper vessel is notified, and in such cases, the plaintiff shall notify the appropriate vessel of the schedule of shipment 14 days prior to the first date of the time of notification of the altered vessel.

Article 5 (Notice of Legitimate Ships) (1) The Plaintiff shall notify the Defendant of the name of the vessel, the quantity of the shipment, the scheduled time for arrival at the port of loading (EA), and the details of the vessel, which can enter the port of loading and the port of loading and the port of loading and the scheduled time for arrival at the port of loading specified in Article 4(2). The Plaintiff shall load the vessel with the approval of the Defendant (the conditions of approval of coal suppliers).

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