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(영문) 광주지방법원 2014.10.31 2014나5582
유류대금
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Costs of appeal; and

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as follows. Paragraph (2) is the same as the part of the judgment of the court of first instance, in addition to the additional determination as to the defendant's application for return of provisional payment, and therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 5, "B" in Part 14 shall be changed to "C".

Under Section 5, “(4)” is added to “(5) in the first place, “The Defendant permitted the use of the Defendant’s name in relation to the operation of the vessel.” As oil supply is essential for the operation of the vessel, it is reasonable to deem that a oil supply contract also permits the use of the Defendant’s name.”

2. The defendant's judgment on the application for the return of provisional payment is based on the premise that the judgment of the first instance court is revoked as it is the purport of the defendant's appeal, but as long as the judgment of the first instance court dismisses the defendant's appeal by legitimate means as seen below, the declaration of provisional execution by the court of the first instance is not invalidated. Thus, the defendant's application for the return of provisional payment is groundless.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal and the application for return of provisional payment are dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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