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(영문) 부산지방법원 2017.08.23 2015가합41766
물품대금
Text

1. The Defendant’s annual interest in KRW 132,00,000 to the Intervenor succeeding to the Plaintiff as well as in relation thereto from July 24, 2014 to August 23, 2017.

Reasons

(B) On January 29, 2014, the Plaintiff, who operated a vessel manufacturer under the trade name “B” of the vessel manufacture and supply contract, entered into a contract with the Defendant for hull manufacture and supply of two vessels of class 48 to class 72 feet E passenger vessels of class 72 to class 48 to class 72 to class 3 (the “instant vessel” in total, and each vessel shall be defined by mutual vote; hereinafter the same shall apply) with the Defendant for the hull contract amount of KRW 1.320 million (including value-added tax, and not separately indicated; hereinafter the same shall apply)

(hereinafter “instant contract”). The main contents are as follows:

Defendant A, B: The name of the Plaintiff’s contract: The contract amount for two passenger ships of Class 48 tons, Class 72 fee (the contract for the manufacture of Aluminum hull): 1,200,000,000/Additional tax * daily gold 600 million x two delivery completion date x 2: June 23, 2014 (120 days from the date of provision of NAS files and detailed drawings): - 3 ships: July 8, 2014 (135 days from the date of provision of NAS and detailed drawings):

Article 4 (Delivery Conditions) (1) The delivery of the mother ship shall be based on the transfer of it to a place within the G complex designated by A, and the expenses incurred in the course of transportation shall be borne by B, each contractor.

2. The ownership of the mother vessel is owned by A in the status of production of progress payment by process, and risk burden is the responsibility of B before the delivery of the mother vessel, and when the hull construction is completed and the settlement is completed, it shall be transferred to A.

Article 7 (Contract Deposit, Payment for completed portion, and Payment for Defects) (1) Payment method of down payment shall be paid in advance at the time of the contract as advance payment, and payment for completed portion shall be paid in installments at 30% within one week after the completion of the sale cutting, 30% at the time of the sale cutting, 30% at the time of delivery of the hull, and 20% at the remainder at the time of delivery of the hull.

(2) B shall guarantee the performance of contract issued by a financial institution before receiving an advance payment.

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