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(영문) 부산고등법원 (창원) 2018.02.08 2016나25006
선급금 반환 등
Text

1.(a)

The part concerning the principal lawsuit in the judgment of the first instance shall be revoked.

(b)the claims extended by this Court, including the claims.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The Plaintiff is a company engaged in maritime transport, international logistics brokerage, harbor transport, etc. as a business. The Plaintiff is one of the parties to the case.

2) On February 16, 2011, the rehabilitation procedure was commenced as Busan District Court 201 201.3, the Defendant was appointed as administrator, and the rehabilitation procedure has not yet been completed up until now.

(hereinafter referred to as “Defendant” without distinguishing between Company K.L.S. and its administrator. B.

On August 2013, 2013, Hyundai Badling Gantry Crae (76.6m x 32m x 40m x 40m hereinafter referred to as “the instant Crae”).

) 1) B. B. from the territory of the Republic of Korea in the territory of the Republic of Korea, the Republic of Korea is the EP of the Doro-Gu Ma (ETSALALO ENSADDA DPA PAGUCU S.A., hereinafter “EP”).

2) All domestic transportation, prior design, shipment, maritime transportation, loading, unloading, etc. (hereinafter referred to as “transport, etc.”) to one shipbuilding yard.

A) On September 27, 2013, the Plaintiff was selected as a successful bidder. 2) On March 17, 2014, Hyundai Corruption and the Plaintiff entered into a cargo transport contract (i.e., “the first transport contract” in the process of the hearing of the instant case, but the term “the instant contract” was the most conspicuous term, namely, the nature and content of the contract, and the relationship with the relevant contract, and (ii) around March 17, 2014.

The main contents of the contract of this case are as follows, and the cancellation fee of this case is the cancellation fee of Article 8 of the incidental condition, which is stipulated as the cancellation fee, such as Attached Table 1.

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