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(영문) 부산고등법원 (창원) 2018.08.30 2018나10282
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Plaintiff (hereinafter “SSSPP”) was established for the purpose of real estate development and lease business, trade business, etc., and the new SSPP Co., Ltd. (hereinafter “SSPP”) changed its trade name on May 31, 201 to the trade name before the change was made. Before the change was made, the Plaintiff (i) was a company established for the purpose of the real estate development and lease business, trade business, etc., and (ii) was a new SSSPP Co., Ltd. (hereinafter “SSSP”). On May 31, 2011, the trade name was changed from the LSSSP Co., Ltd. to the new SS SSP’s trade name before the change was made; (ii) “SSSSSSSSP Co., Ltd. was an affiliate of the ELS group established for the purpose of shipbuilding and sales business.”

From April 207, SELS Co., Ltd. (hereinafter “private Heavy Industries”) requested the production and supply of the block (hereinafter “ship block”) necessary for the construction of a ship to E.S.P., and entered into a contract for the manufacture and supply of vessel block (hereinafter “ship block”) between E.S. and E.S., respectively (hereinafter “first contract”), and E.S. L.S. supplied vessel block to the Private Heavy Industries in accordance with the first contract.

E. E.S. subcontracted the production and supply of the block for vessel under the first contract to E.S. E.S. ELS vessel. At each time, E.S. vessel entered into a contract for the production and supply of the block for vessel between E.S. and E.S. vessel (hereinafter collectively referred to as “second contract”), and E.S. vessel supplied the block for vessel to E.S. vessel according to the second contract.

On the other hand, E.S.P. on April 11, 2008.

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