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(영문) 부산지방법원 서부지원 2021.03.11 2020가단108804
선박
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the vessel management business, etc., and the Defendant is a Russia corporation that operates the fishery and marine transportation business.

B. On August 12, 200, the Plaintiff entered into a repair contract under the subparagraphs of “C” with the Defendant’s vessel owned by the Defendant (hereinafter “instant repair contract”). On the other hand, the Plaintiff supplied goods, including the said goods and oil, to the number of ships owned by the Defendant.

(c)

On April 2, 2020, on the ground that the Plaintiff did not receive USD 283,432.92 from the Defendant the balance of the repair cost of the vessel and the supply cost of the goods, the Plaintiff received a decision of provisional attachment of the vessel against the Defendant on April 2, 2020 regarding D’s aforementioned claim against the Defendant as the preserved right (C’s Busan District Court Seo Branch Branch 2020 Canada Branch 440).

1) Any dispute arising out of this contract shall be resolved by agreement between the parties, as far as possible, by the agreement between the parties to this contract, that is, an amendment to the amendment to the Regulations on the Prevention of Specific Economic Crimes to the Fund. The amendment to the Regulations on the Prevention of Specific Economic Crimes to the Fund. The amendment to the Regulations on the Prevention of Specific Economic Crimes to the Fund. The amendment to the Regulations on the Prevention of Specific Economic Crimes to the Fund. The amendment to the Regulations on the Prevention of Specific Economic Crimes to the Committee on the Prevention of Specific Economic Crimes to the Fund. The amendment to the Regulations on the Prevention of Specific Economic Crimes to the Committee on the Prevention of Specific Economic Crimes to the Committee on the Prevention of Specific Economic Crimes to the Committee on the Prevention of Specific Economic Crimes to the Committee on the Prevention of Specific Economic Crimes.

If the parties fail to reach an agreement, (Sweden) Stockholm shall be referred to the hearing of the Trade Company Arbitration Board located in the Stockholm.

Dispute shall be deliberated in English in accordance with the rules of the arbitration in the court of arbitration.

The decisions of this Court are final and mandatory to both parties.

(d)

On the other hand, Article 9 of the repair contract of this case includes the following contents:

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiff's assertion is that the defendant only paid only part of the cost of repair of a ship and the cost of goods despite the plaintiff's continuous request.

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