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(영문) 인천지방법원 2016.06.17 2015가합53380
매매대금
Text

1. The defendant shall pay to the plaintiff KRW 178,254,246.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The facts of recognition: (a) the Plaintiff made a verbal purchase and sale contract with the Defendant on June 23, 2009 (hereinafter “instant ship purchase and sale contract”); (b) the Plaintiff concluded a charter contract (hereinafter “instant charter contract”) under the terms of 17,050,000 (including additional tax) with respect to the instant ship in order to coordinate interests in the fact that the Defendant did not pay the Plaintiff the full amount of the purchase and sale; (c) the Plaintiff completed the registration of ownership transfer with respect to the instant ship on September 13, 2009, while the Plaintiff did not pay the full amount of the purchase and sale price for the Defendant’s convenience; and (d) the Plaintiff did not dispute over the Plaintiff’s right to claim ownership transfer (hereinafter “the instant provisional registration”).

2. As to the Defendant’s defense prior to the merits, the Defendant asserted to the effect that the Plaintiff was not the actual owner who held the title trust of the instant vessel to the Gyeonggi Shipping Co., Ltd., but the person who concluded a sales contract of the instant vessel on behalf of or on behalf of the said company.

The standing of the party to the claim for monetary payment is recognized in itself to the person asserted as the party, and regardless of whether the plaintiff is the actual owner of the vessel of this case, the standing of the party is recognized to the plaintiff asserted as the party. Therefore, the defendant's defense is without merit.

3. As to claim for the purchase price

A. The Plaintiff’s assertion is merely that the Defendant paid KRW 520,000,000 among the purchase price of KRW 990,000,000 for the instant vessel, and the remainder 470,000.

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