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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. Status 1 of the parties) The Defendant’s twit-line vessel (hereinafter “instant vessel”)
(i) is a company established for the possession and operation of the business and is also a Indian Shipping Co., Ltd. (hereinafter referred to as “Human Shipping”);
(2) On January 30, 2013, the Defendant entered into a ship management contract with the Defendant and was in charge of the business and management of the instant vessel. (3) The Solomon Savings Bank was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as the trustee in bankruptcy of the instant bank.
(hereinafter “Plaintiff”) and Solomon Savings Bank (hereinafter “Plaintiff”) do not distinguish between “Plaintiff” and “ Solomon Savings Bank.”
1) The plaintiff, the defendant, and the Indian Shipping shall purchase the ship of this case and operate the ship of this case and create profits therefrom (hereinafter "the business of this case").
(B) On February 17, 2010, the Plaintiff’s share to the Defendant was 9.9% and 90.1% of the shares of Turkey (hereinafter “instant agreement”).
(1) Article 7 (Basic Agreement on this Project) (1) The exercise of the right to manage the Defendant, including the charter and vessel management (referring to operation, business and short-income management) of the instant vessel, shall be held by Indian Shipping, and important matters that may affect the Plaintiff’s rights or interests shall be held by the Plaintiff. Article 9 (4) (i) The Plaintiff shall lend funds to the Defendant within the limit of KRW 31.2 billion in general fund loans pursuant to the project loan agreement after the completion of the issuance of the preferential loan for repayment conversion, and shall lend funds to the Defendant within the limit of KRW 1.5 billion in general account loans in accordance with the comprehensive account loan agreement. (ii) Article 10 (Rights and Obligations of Intelligent Shipping) (i) Article 10 (Right and Obligations of Inbound Shipping) (ii) shall be held within the limit of KRW 2.59 billion in accordance with the loan agreement of the Defendant strategic investors after the issuance of the preferential loan for repayment conversion.