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(영문) 부산지방법원서부지원 2019.06.13 2018가합101357
선박
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of maritime transportation business, trade of vessel equipment and materials, etc.

Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a company with the purpose of vessel charter, sale, repair, vessel management, etc., and Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is a company with the purpose of vessel repair and remodelling, vessel building and repair, etc.

The Intervenor D Co., Ltd. (hereinafter referred to as the “ Intervenor”) is a company with the purpose of shipbuilding machinery and equipment, manufacturing business machinery, shipbuilding business, etc.

B. On February 23, 2010, the Plaintiff entered into a shipbuilding agreement with the Intervenor on one of the vessels listed in the separate sheet [34m Tin Screw No (hereinafter “instant vessel”) (hereinafter “instant shipbuilding agreement”) (hereinafter “instant vessel”).

According to the above contract, the intervenor constructed the ship of this case and deliver it to the plaintiff, and the plaintiff shall pay 4.15 million won (excluding value added tax) to the intervenor as the price for shipbuilding. The main contents of the shipbuilding contract of this case are as follows.

Article 2 [Contract Price and Payment Conditions] The contract price actually received by the drieder except for the goods supplied as the owner specified in this Agreement shall be 4,150,000,000 won per day below (excluding value added tax of KRW 4,150,000,000).

(hereinafter referred to as “contractual amount”)

2.The contract amount under paragraph 1 of the terms of payment shall be paid as follows:

(1) Advance payment: Within seven business days from the date of the contract, the shipowner shall pay to the dried person the daily gold KRW 20% (830,000,000, additional tax) of the contract amount, within seven business days.

(2) Balance: 80% of the contract amount at the time of delivery (D/L) of the vessel shall be paid 3,320,000,000 won (excluding value-added tax).

(b) Article 5 / 5 [Delivery] The buildinger shall safely deliver the vessel to its owner as follows.

(b).

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