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(영문) 울산지방법원 2019.11.13 2018가합26761
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates the vessel oil sales business, etc., and the Defendant is a legal entity that operates transportation business, such as automobile, container, marine cargo, and land cargo brokerage business.

B. The Defendant entered into a charter party 1) On June 15, 2005, for the maritime cargo transport business, C Co., Ltd. (hereinafter “C”).

D (ship number E, hereinafter referred to as “instant tugboat”) between C and C.

(2) On May 10, 2012, the Defendant concluded a charter agreement with I as to the barge J (K; hereinafter “instant barge”) and agreed to automatically extend each year, without mutual objection, with respect to the charter agreement between B and F, setting the charterage as KRW 9,50,000 per month on the hire of charterage as KRW 25,000,000,000.

3) Since then, when the shipowner of the instant barge changed to C, the Defendant concluded a charter contract on the instant barge between January 1, 2014 with C, and concluded a charter contract on the instant barge along with the conclusion of the charter contract on the instant tugboat (hereinafter “instant charter contract”).

A) The instant charter agreement provides that C shall bear all the expenses incurred in operating a ship, such as oil costs of the instant barge and the tugboat. The main contents of the instant charter agreement are as follows. In concluding the lease agreement of the instant charter agreement, the term “A” and “B representative director M (hereinafter referred to as “B”) of the lessor C Co., Ltd. and the lessee B representative director Co., Ltd. (hereinafter referred to as “B”) shall faithfully perform the following vessel lease agreement.

Article 1. The owner of the navigation area in which the total number of ship names of the vessel is the target ship number D E 107 1400PS.

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