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(영문) 서울고등법원 2015.07.10 2014나44996
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

The defendants' ships listed in the attached list 1 are related to the plaintiff.

Reasons

Basic Facts

The vessel of this case, as a party, has been loaded in Liberia.

Sky Glory Spring Limited (hereinafter referred to as Sky Glory Limited) was a corporation established in Liberia, and was registered as the owner of the instant vessel.

The plaintiff is a legal entity incorporated in accordance with the Hong Kong law of the People's Republic of China (hereinafter referred to as "China"), and the Hong Kong law of China (hereinafter referred to as " Hong Kong law").

On November 28, 2012, the Plaintiff entered into a sales contract with Switzerland to purchase the instant vessel in USD 4,116,362 in US dollars (hereinafter “U.S.”) and received delivery on December 15, 2012.

The Cianjin Marine Co., Ltd. (hereinafter “Tian Marar”) is a corporation established in accordance with Chinese law, which has its head office in China.

The plaintiff is the subsidiary of Yemanin.

The Defendants are as follows.

As seen in this subsection, the ship of this case claims maritime lien after providing the service to the ship of this case at Pyeongtaek Port of the Republic of Korea.

On December 15, 2012, the date of delivery of the instant vessel, the Plaintiff entered into a time charter with the content of time charter of the instant vessel for one year on December 15, 2012.

(hereinafter referred to as the “instant time charter”). The instant time charter was concluded using the standard form (No. 3) agreement (No. 1946) pursuant to the New York Product Exchange 1946.

Article 104 of the terms and conditions attached to the instant charter contract (No. 112 to 113 of the charter contract) and the term and conditions attached to the time charter contract (No. 104 of the charter contract) provide that no charterer shall establish and enforce any maritime lien or security right to the shipowner’s vessel undermining the ownership

Charterers will not suffer, nor permit to be...

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