logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.09 2013가합21227
선박우선특권부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. The Plaintiff is a legal entity located in the People’s Republic of China, and owns a vessel listed in the annexed sheet (hereinafter “instant vessel”).

On November 23, 2007, the Plaintiff chartered the instant vessel by setting the charter period of the instant vessel 10 years from the date of delivery on the vessel of this case on November 23, 2007.

Defendant A Burma Co., Ltd. (hereinafter “Defendant A”), Defendant Flaca Co., Ltd. (hereinafter “Defendant Flaca”), and Defendant Acomer Co., Ltd. (hereinafter “Defendant Flaca”), are domestic corporations, and Defendant Acomer (hereinafter “Defendant A”) are corporations located in the Hong Kong Special Administrative Region in the People’s Republic of China.

B. Upon entering into an oil supply contract, Defendant Eberma supplied oil equivalent to US$ 191,825 to the instant vessel four times in total on April 2, 2012, in accordance with the orders of main points and hybrids.

Defendant Franc miter supplied oil equivalent to US$ 81,750 to the instant vessel on two occasions on October 19, 2012 and December 1, 2012. On November 18, 2012, Defendant Flac miter received USD 9,850 as part of the oil payment.

Defendant Acom World supplied oil equivalent to USD 33,585 on August 14, 2012 to the instant vessel in accordance with the order of main points and subsingsing.

C. Defendant Burin filed an application for voluntary auction with respect to the instant vessel, and received a decision to commence auction on January 4, 2013 by requesting a voluntary auction with respect to the instant vessel.

(B) Busan District Court B. The plaintiff deposited US$ 220,061.38 (including interest in arrears of USD 28,236.38) and damages for delay and expenses for enforcement of USD 191,825 among them, and raised an objection against the decision on voluntary commencement of auction.

(Resan District Court C). Defendant Flavoen filed a voluntary auction on January 7, 2013, for the instant vessel, and received a decision to commence auction on January 7, 2013.

(B) Busan District Court D). The plaintiff is the plaintiff 71.

arrow