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(영문) 서울회생법원 2020.01.15 2019가합100344
채권조사확정재판에 대한 이의의 소
Text

1. The final claim inspection judgment of the Seoul Rehabilitation Court on January 9, 2019 is amended as follows:

The plaintiff.

Reasons

Based on the facts, the Plaintiff and the obligor’s time charter contract, and the Plaintiff and the obligor B Co., Ltd. (hereinafter “debtor”) concluded a time charter contract with respect to D (D; hereinafter “instant vessel”) on September 17, 201, with the content of USD 13,300 per charterage per day for charterage, KRW 48 months from the time of delivery of the vessel during the charter period 【2 months from the time of delivery of the vessel, English law, English law, and agreed jurisdiction.

(hereinafter “instant charter contract”). On January 11, 2012, the Plaintiff and the debtor drafted an annex (Additional Contract) with respect to partial modification of charterage pursuant to the instant charter contract.

The debtor, upon the conclusion of the instant charter contract, put the instant vessel into business and used it.

On September 29, 2014, the obligor, such as the occurrence of the damage accident to the cargo related to the instant vessel and the expenditure of the VPN registration fee, etc., shipped the instant vessel into the instant vessel and transported 49,426.958 tons (hereinafter “instant cargo”) from the Syrle Groves of the United States Myrle Groves (U.S.) to Japan at the port of Japan, both ports, where damage was discovered to part of the instant cargo.

(hereinafter “instant cargo damage accident.” Accordingly, at the request of the shipper, the F (F, G Association, hereinafter referred to as “F”) guarantee letter was issued for the owner E (hereinafter referred to as “owner”) of the instant vessel the amount of security deposit of USD 751,793 for the owner E (E; hereinafter referred to as “owner”) of the instant vessel.

On the other hand, Article 27 of the Charter of this case provides that the cargo clock between the contracting parties shall be resolved by the certified copy of the number of parties 1970 (hereinafter referred to as the "IC Convention"), and Article 8 (b) of the IC Convention shall be distributed as follows:

(b) Cargo loading, loading, anchoring, unloading, storing, or any other.

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