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(영문) 서울고등법원 2017.09.14 2016나2089982
정산금 등 청구의 소
Text

1. The part added in the trial among the plaintiff's appeal and the first preliminary claim is all dismissed.

2. Appeal;

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, with the exception that the part concerning the first and second preliminary claims (Article 1-2(1)(b), (3), and (3) of the judgment of the court of first instance is used again as the ground for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 3th 9th Roon "Plaintiffs" shall be deemed to be "Plaintiffs".

4. The part of 10-11 of the “201,” which read “the Plaintiff was holding four long-term charter vessels and short-term charter vessels that entered into a charter contract between December 2, 201 and September 2012.”

5 pages 10-13 sent e-mail to H on December 24, 2012, “Da E sent e-mail to the effect that “A party to a contract with a shipper, navigation expenses, and oil prices, etc. are the Defendant, and the Plaintiff is merely a shipping agent and has difficulties in accounting. As such, the Plaintiff is merely a shipping agent, so that he/she can change the charter party’s name to the Defendant company.” On February 1, 2013, the Plaintiff sent e-mail to the vessel operators on behalf of the Plaintiff on July 1, 2014, respectively.

Da. 5 At the bottom of the five pages, the term “a business agreement under the same business agreement” is raised as “a business agreement under the same business agreement.”

2. Determination as to the first and second preliminary claims

A. The Plaintiff’s assertion 1) 1) The Plaintiff, subject to the conclusion of a partnership agreement between the Plaintiff and the Defendant Company, provided that: (a) the Defendant Company: (b) transferred the Plaintiff’s status of the four charter parties for long-term charter vessels of which the Plaintiff paid the sum of USD 2,165,301.59 (U.S. dollars; hereinafter the same shall apply); and (c) paid KRW 23,120,00 as the operating expenses of the Defendant Company on November 1, 201 and December 2, 201.

In addition, the plaintiff paid 17,214,009 won in total, including 3,154,209 won in the costs of lawsuit by the defendant company, and 14,059,80 won in the flight of the representative director.

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