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(영문) 서울남부지방법원 2015.05.27 2014가단27467
손해배상(기)
Text

1. Defendant C Co., Ltd.: (a) KRW 67,914,851 on the Plaintiff and the Plaintiff’s annual period from June 19, 2014 until July 11, 2014.

Reasons

1. Basic facts

A. The status of the parties is a corporation located in Singapore for the purpose of the vessel trade brokerage business, and the name of Defendant A Co., Ltd. (hereinafter “Defendant A”) is changed from Company D to October 23, 2006, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company engaging in marine cargo transportation business, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company engaging in marine transportation brokerage business.

On the other hand, Defendant B is the representative director of Defendant A.

B. On September 6, 2012, A.I.D.: (1) on the vessel sales contract and brokerage commission (hereinafter “O.S. sales contract”) sold A.S. dollars 1,550,000 to B.I.D. (hereinafter “the first vessel sales contract”); (2) in relation to the above sales contract, the Plaintiff was the buyer; (3) the seller was the broker; and (4) the broker was the seller was the broker; and (3) the broker was the broker. Accordingly, A.I.D. ordered the Plaintiff to pay B.S. dollars 29,327 to the buyer.

(2) On October 6, 2013, F sold the base line H USD 11,200 to G, respectively, the base line I to USD 4,650,00 (hereinafter “the second ship sales contract”); in relation to the above sales contract, the Plaintiff was the buyer; the Defendant C mediated the seller; according to the above sales contract, F paid the brokerage fee to the Plaintiff ($ 118,875 (= USD 84,000) to the Defendant C, and ordered the Plaintiff to pay it to the Plaintiff.

C. The Defendant C paid a total of 94,500 dollars as shown in the attached Form to the Plaintiff as a broker fee for each of the instant contracts for the purchase and sale of the vessel. If such payment is made to the interest calculated on the basis of 8.5% per annum as stipulated in the English law, which is the governing law of the instant contract for the purchase and sale of the vessel, the brokerage commission to be paid by the Defendant C to the Plaintiff is currently 63,158.98.

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