손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the case and the key issue Plaintiff are the Defendant at the Incheon Port of Incheon on January 1, 2017.
(Hadeah) Transport of cargo was requested, and the defendant was loaded at Incheon port on January 13, 2017 and transported through CKREA, a navigator.
However, due to the delay in transshipment in Paragraph (c) of Saudi Arabia, transportation has not been completed until the date of the closing of argument.
The plaintiff asserts that the defendant did not perform the contract of carriage and filed a claim for damages, and that the defendant fulfilled his duty of care by asserting that the defendant was merely a forwarding agent, and on the other hand, he argues that the customs house of Saudi Arabia (or UNVM) detained the freight and thus, the liability of the carrier is also exempted.
In order to determine what responsibility the Defendant bears in relation to the carriage of the freight of this case, it is necessary to first determine what the Defendant is in accordance with the contract concluded with the Plaintiff.
2. The fact of recognition ① The Plaintiff’s request for the transportation of freight and the transportation departure shall be the first instance of Incheon Port in Korea to the Defendant on January 2017.
It requested transportation of agricultural machinery, etc. from the port to the port, and paid USD 6,850 (USD; hereinafter the same shall apply), storage fees, 3,150 (total 10,000) to the port of destination.
The Plaintiff, on January 11, 2017, delivered a container (bill of lading No. D, container No. E, hereinafter referred to as "the primary cargo") to the Defendant, and on January 23, 2017, the amount of goods equivalent to KRW 18,93,994, the Plaintiff loaded the container (F, container No. G, hereinafter referred to as "the second cargo") to the Defendant, and on January 13, 2017 and on January 27, 2017, the freight was loaded to the C, a navigator, at Incheon.
(hereinafter referred to as “instant cargo,” if both of them are not specified in the first and second parts, and refer to all of them. The Plaintiff shall be entitled to the instant cargo.