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(영문) 창원지방법원 2016.10.20 2015가합31582
선급금 반환 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,178,625,00 to the Defendant (Counterclaim Plaintiff) and its related amount from May 31, 2014 to October 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 2013, Hyundai Badling Gantry Crae (76.6m x 32m x 40m ; hereinafter “the instant Crae”) submitted a bid to commission domestic transportation, prior design, shipment, maritime transportation, loading, unloading, etc. (hereinafter “transport, etc.”) to 1 copy of the shipbuilding yard of the Dorara Dora (ETSLAL ENESO ENSA NACU S.A.; hereinafter “EP”) as a successful bidder on September 27, 2013.

B. On March 17, 2014, the Plaintiff entered into a contract of carriage (hereinafter “instant contract”) that entrusts the transportation of the instant artist, etc. and pays USD 3,129,440.77 (hereinafter “$3,129,440.77”) of the transport cost, following the adjustment of the date of entry into port.

According to the instant contract, the date of entry into the port of registry falls from May 13, 2014 to May 25, 2014, and the revocation fee provision as shown in attached Table 1 (hereinafter “instant revocation fee provision”).

C. On the other hand, on April 4, 2014, the Plaintiff and the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the condition that the Plaintiff shall commission the Defendant with transportation, etc. of the instant scrap and pay USD 2,850,000 ($2,2200,000 among the maritime freight). The main contents are as shown in attached Table 2.

The Plaintiff and the Defendant did not own a ship to transport the instant cream, and on March 4, 2014, the Defendant concluded a charter contract with the following contents, which is the ship owner of the Netherlands’s nationality, for the instant cream transport (hereinafter “bigp”)

The defendant on October 10, 2013, prior to the scheduled period of entry of modern Madern Madern Madern Madern.

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