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(영문) 부산지방법원 2017.01.19 2015가합567
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. Busan District Court Decision 2012No. 59 dated December 16, 2014 rendered final inspection judgment on rehabilitation claims.

Reasons

1. Basic facts

A. A. Sales contract between the Plaintiff and Oral Help Shipping Co., Ltd. 1) The purchase and sale contract between the Plaintiff and Oral Help Shipping Co., Ltd. for the purpose of maritime cargo transport business, etc. (

2) The term “heat-ship” means a ship engaged in shipbuilding business, vessel repair business, etc. (hereinafter referred to as “heat-ship”).

) On July 11, 2007, the vessel No. OSN-1013 (hereinafter “instant vessel”).

1) As to the shipbuilding agreement, the shipbuilding agreement between USD 33,800,000 and USD 33,800 (hereinafter “instant agreement”).

AB concluded the agreement.

The main contents of the instant contract are as follows.

Article 10 Payment

2.The payment of the terms of payment shall be made in accordance with the following methods after the entry into force of the instant contract:

(a) No later than three business days from the date of receipt by the first buyer of the advance payment (S.C. 6,760,000 U.S. dollars 20% of the contract price shall be paid within three business days from the date of receipt of the letter of guarantee for advance payment (RG) under paragraph 8 of this Article.

(b) No later than three business days from the date on which the second advance buyer received notice from the drieder that the steel cutting was conducted, USD 6,760,000, which is 20% of the contract price, shall be paid.

(b) The drieder and the Buyer mutually agree that even if there is any dispute or non-agreement between the drieder and the Buyer pursuant to the provisions of this section, the Buyer cannot delay or refuse the payment.

If there is a dispute in this regard, it shall be resolved in arbitration in accordance with the following article 13:

3.Except for the first advance payment, the drieder shall notify the buyer of the due date by facsimile at least 14 days before the date on which the payment becomes due as provided for in paragraph 2 above.

Upon receipt of such notification, the buyer shall give notice of confirmation to the drieder by facsimile and shall pay it in accordance with this paragraph.

5. The guarantor shall be liable for the advance refund; and

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