beta
(영문) 서울남부지방법원 2015.07.17 2015가합103495

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Modern Engineering Co., Ltd. (hereinafter “Modern Engineering”) exported total of 80 packages of construction equipment equivalent to US$ 7,730,000 (hereinafter “instant freight”) to Indonesia PT. Mitra Enigibat, Inc., and entered into a multimodal transport agreement between the Defendant and the Indonesia to transport the instant freight from military mountain to Indonesia.

(hereinafter “instant transport contract”). In the instant transport contract, the Defendant and Hyundai Engineering set the laws of the Republic of Korea as the governing law.

B. On November 9, 2013, the Plaintiff concluded a cargo insurance contract with Hyundai Engineering regarding the instant cargo.

(hereinafter “instant insurance contract”). C.

Around November 13, 2013, the instant cargo was loaded at the military port and departed from the port of loading. At this time, in the case of multimodal transport securities for the instant cargo issued by the Plaintiff, the carrier shall be exempted from all responsibilities based on the instant transport securities unless the carrier files a lawsuit with the carrier within nine months from the date of delivery of the cargo and fails to give written notice thereof. However, in the case of total damages, the said period shall run two months from the date of delivery of the cargo for the transport.

On November 25, 2013, the instant cargo arrived at and unloaded at the port of search in Indonesia, a two ports, and was transported to the construction site of the consignee by being loaded in the equipment stack, and on January 16, 2014, the instant cargo was returned to the road by the Traler, and the instant cargo was partially damaged (hereinafter “instant accident”).

E. On March 3, 2015, the Plaintiff paid USD 821,519.04 with insurance money under the instant insurance contract to Hyundai Engineering.

[Reasons for Recognition] In the event there is no dispute, Gap evidence 1 to 6, and Eul evidence 1.