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Reasons
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(영문) 창원지방법원 진주지원 2018.07.18 2016가합11182
손해배상(기)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 400,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 12, 2017 to July 18, 2018.

Reasons

1. Facts of recognition;

A. On July 14, 2015, the Plaintiff and the Defendant purchased vessels: (a) on July 14, 2015, the name of the Plaintiff changed to “Power-driven E” on March 25, 2016.

hereinafter referred to as “instant vessel”).

1) The sales contract to purchase for KRW 1.4 billion (hereinafter “instant sales contract”).

(2) Upon entering into a contract, the Plaintiff paid KRW 140 million in the intermediate payment of KRW 360 million up to July 14, 2015, and the remainder of KRW 900 million up to July 28, 2015 at the time of the delivery of the instant vessel; and F guaranteed the Plaintiff’s obligation to C on the same day. (2) On July 14, 2015, the Plaintiff paid KRW 50 million as the down payment and the intermediate payment to C pursuant to the instant sales contract, but was refunded KRW 100 million.

On July 28, 2015, while the Plaintiff was unable to prepare the remainder of KRW 1 billion (the remainder of KRW 100 million under the above sales contract), the Plaintiff paid the remainder of KRW 1 billion through a third party and completed the registration of ownership transfer under the name of the Defendant on July 28, 2015.

3) On July 28, 2015, the Defendant sent to C, through H’s wife I, KRW 40 million, KRW 100 million, KRW 500 million, and KRW 1 billion, KRW 500 million, via H. On August 10, 2015, the Defendant completed the registration of ownership transfer of the instant vessel under the Defendant’s name. (B) On August 20, 2015, the Defendant sent to the Plaintiff a document verifying that “The Plaintiff was unable to proceed with the vessel’s acquisition due to the Plaintiff’s failure to repay the money borrowed to K and H by the agreed date, but the Plaintiff did not return the investment deposit to the Plaintiff,” and the above content-certified mail reached the Plaintiff around that time.

2. On August 25, 2015, the Defendant owed KRW 1 billion to the Plaintiff out of the purchase fund of the instant vessel, and the Plaintiff secured the said vessel by the Defendant.

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