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(영문) 서울중앙지방법원 2016.12.09 2016가단5089062

구상금

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 facts

A. On July 11, 2014, the C&C Co., Ltd. (hereinafter “C&C”) was entrusted with the transportation of 2,840 Packaging from J.S. to J. J.S. K. K. K. K. Hachi M. M. M. M. M. 2,840 (hereinafter “instant cargo”).

B. The C&C entrusted the transportation of the instant cargo to the Defendant Newcom Co., Ltd. (hereinafter “Defendant Newcom”), and the new goods were re-entrusted to the Defendant Youngjin Transportation Co., Ltd. (hereinafter “Defendant Young Jin Transportation”).

C. The Defendant Youngjin Transportation loaded the instant cargo on the said freezing container on July 11, 2014, and transported the instant cargo from 18:00 to 22:19 on the same day.

Since July 16, 2014, the freight of this case was loaded on the ship and arrived at the port of Oiaa in Japan and opened around July 18, 2014, and all of the freight of this case was discarded due to bad malodor in the kimchi Packaging box.

E. On June 16, 2015, the Plaintiff paid KRW 29,246,041 to the United Nations Trade, as an insurer who entered into a contract for the liability insurance for cargo with the United Nations Trade, and paid KRW 29,246,041.

F. The Korean Freight Trucking Association is an insurer who entered into a mutual aid agreement with Defendant Young Transportation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, Eul evidence No. 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The cargo of this case was deteriorated because it was impossible to maintain internal temperature because all of the cargo loaded on the cargo of this case was not supplied inside the freezing container, while the plaintiff allegedly transported the cargo of this case, and the cargo of this case was deteriorated. The cargo of this case and the cargo of this case were the carrier of the cargo of this case, and the Federation of the Korea Freight Trucking Services, as the insurer of the air freight of this case, shall be liable to compensate for the damage caused by the weather.