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(영문) 울산지방법원 2019.10.10 2018가합27153
배당이의
Text

1. The distribution schedule prepared on December 6, 2018 by the above court with respect to the Ulsan District Court B and C (Dual) auction cases of vessel.

Reasons

1. Basic facts

A. 1) The Plaintiff: (a) from August 26, 2010 to June 21, 2017, the Plaintiff Company D Co., Ltd. (hereinafter “D”).

1) On August 31, 2010, the fleet E (hereinafter “the instant tugboat”) owned by D with D as of August 31, 2010, extended a total of KRW 6,080,000 to seven occasions, including small and medium enterprise financing loans, etc.

As to the maximum debt amount, the mortgage contract was concluded by setting forth a maximum debt amount of KRW 2,800,000,000, and the establishment registration of mortgage on the same day (hereinafter “mortgage”).

(2) However, D failed to repay to the Plaintiff the above loans amounting to KRW 3,089,746,972 and interest thereon, and on October 19, 2017, the Plaintiff filed an application for the auction of the instant tugboat to Ulsan District Court B with respect to the instant tugboat on the basis of the instant collateral security (hereinafter “instant auction procedure”) and commenced the auction procedure of vessel rent (hereinafter “instant auction procedure”).

B. (1) The Defendant is a non-powered barge H owned by G during the process of performing F construction works from around 2013 to around 2016 (hereinafter “instant barge”).

(J) and non-powered barge owned by the I (hereinafter referred to as the “J”).

2) On May 2, 2016, the Defendant leased and used it to the said Corporation. After the completion of the said construction, the Defendant (hereinafter “K”) shall return the said barge on May 2, 2016.

D) On December 19, 2016, D entered into a contract with L and D to tow the said barge from Vietnam to Korea by using the instant tugboat, which is a towing boat owned by D. 2) D, in sequence, linked J and the instant barge to a main towing line of about 400 meters in length, and then connect J and the instant barge to a towing line of about 200 meters in length (hereinafter “instant tugboat”).

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