1. The Defendant shall pay to the Plaintiff KRW 140 million with 15% per annum from August 18, 2016 to the day of complete payment.

1. Basic facts

A. On January 11, 2012, with respect to A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”), rehabilitation procedures began on January 11, 2012 by Gwangju District Court 201Mo35, and D, which was the representative director of the Plaintiff Co., Ltd, was appointed as the manager on July 31, 2013, and B as the joint manager on December 12, 2014, and D was dismissed from office as the manager on May 18, 2015.

B. On December 12, 2014, D, which was the manager of the Plaintiff Company, concluded a shipbuilding contract with the Defendant, etc. under which the contract amount is KRW 590 million (including value-added tax, down payment of KRW 59 million on the day of the contract, and payment of the balance on the day of taking over the ship), and entered into a shipbuilding contract with the Defendant, etc. with the owner of the instant vessel after obtaining permission from the rehabilitation court and changing the owner to Defendant E (hereinafter “Defendant, etc.”), on January 2015.

C. Around March 2015, the Plaintiff Company completed the construction of the instant vessel and delivered it to the Defendant, etc. around March 20, 2015.

On April 6, 2015, the Defendant completed the registration of ownership preservation for the instant vessel on April 17, 2015, and completed the registration of ownership transfer for the same day trading with F on April 17, 2015, and F paid KRW 450 million out of the construction cost of the instant vessel to the Plaintiff on April 27, 2015.

[Reasons for Recognition: Facts without dispute, Gap 1-3 evidence, Gap 6, 8, and 9 (including each number), the witness D's testimony, and the purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 140 million for the ship in accordance with the shipbuilding contract of this case (=50 million - KRW 450 million) and damages for delay.

B. As to the Defendant’s assertion, the actual party to the instant shipbuilding contract is G, and the Defendant, etc. merely lends the name of the party to the contract, and the Plaintiff.