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(영문) 서울고등법원 2012.07.20 2011나60300 (1)
선수금환급보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Contract for shipbuilding and transfer of contractual status 1) Ship Shipping Co., Ltd. (hereinafter “Ship Shipping”) (hereinafter “Ship Shipping”)

2) On February 2, 2006, the Plaintiff is a Dongbag Group Co., Ltd. (hereinafter referred to as “Dongbag Group”)

(A)The boomed vessel shall be the tankered vessel (the body number A; hereinafter referred to as the “instant vessel”).

(1) The amount of 12,973,00 US dollars 12,973,00 and 30 December 30, 2007 is 5 times from the date of conclusion of the construction contract to the date of delivery (2,594,600 US dollars 20% of the building cost, 1,297,300 US dollars 1,297,300 of the building cost, 30% of the five times amount in installments equivalent to 30% of the building cost, and 3,891,900 US dollars in installments.

(1) The shipbuilding contract of this case (hereinafter referred to as the “building contract of this case”) to be made in installments.

2) On July 19, 2006, the Shipping Co., Ltd. (hereinafter “B”) concluded a contract to transfer the status of the vessel under the instant shipbuilding contract to B company on a comprehensive basis, and the said vessel Co., Ltd. entered into a contract to transfer its contractual status (hereinafter “instant contract to transfer the status of the vessel”).

B. On July 19, 2006, the Plaintiffs agreed to lend USD 12,600,000 to B with the construction fund of the instant vessel (hereinafter “instant loan agreement”) (hereinafter “instant loan agreement”).

In order to secure the security for the above loans, B Company is expressed as B Company's current or future ① all kinds of rights that it will hold or will hold under the shipbuilding contract of this case, and ② "Advance refund guarantee" that the B Company will receive from financial institutions as its beneficiary is expressed as "Refunder Guante", or "Adrante" in English.

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