(영문) 광주지방법원 순천지원 2018.01.16 2016가단81601

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(영문) 광주지방법원 순천지원 2018.01.16 2016가단81601

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2, 2015, the Plaintiff prepared a notarial deed of debt repayment (quasi-loan for consumption) agreement with the Defendant on the following terms, and concluded a sales contract for the vessels listed in the separate sheet (hereinafter “instant vessel”) and purchased the instant vessel upon entering into the sales contract (hereinafter “instant sales contract”).

On March 2, 2015, Article 1(1) of the notarial Deed of Debt Repayment (Quasi-Loan for Consumption) provides that the debtor (the plaintiff) shall pay to the creditor B (the defendant) the amount of the purchase price of ship C (Fishing Vessel No. D) in KRW 00 million,000,000,000,000,000, and the debtor made an offer to repay in accordance with each of the following provisions and accepted it.

Article 2 (Period and Method of Performance): The repayment method on May 30, 2018: from April 30, 2015 to May 30, 2018, the payment method shall be the payment method by installments over 38 times every 3,000 won for each end of every month from April 30, 2015 to May 30, 2018.

(At present, the name of the ship is in the creditor B (Defendant), but all legal responsibilities relating to C after the gold date are responsible for the debtor A (Plaintiff).

The Defendant asked the Plaintiff to calculate the balance under the sales contract for the instant vessel, and prepared a joint appearance of KRW 62,700,000 for the remainder of the sales price.

From February 2, 2015 to December 2, 2016, the Plaintiff paid KRW 51,300,000 to the Defendant as the purchase price of the instant vessel.

C. On the other hand, on September 26, 2014, the instant vessel established a mortgage on the amount of mortgage established by the debtor, the defendant, the amount of mortgage established by the debtor, the amount of KRW 91,00,000, and the amount of mortgage established by the mortgagee, the

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The plaintiff's assertion

A. A. Around December 2016, the Plaintiff and the Defendant agreed to transfer the ownership of the instant vessel when the Plaintiff paid the remainder of the vessel at once, and the Plaintiff paid KRW 67 million as the purchase price for the vessel until the end of December 2016, even if the domestic agreement is not recognized.

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