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(영문) 서울중앙지방법원 2015.05.14 2014가합24919

보험금지급채무부존재확인

Text

1. The plaintiff's lawsuit against the defendant Han Heavy Ship Machinery Co., Ltd. is dismissed.

2. The plaintiff's character Korea.

Reasons

1. Basic facts

A. Defendant Korea-China Ship Machinery Co., Ltd. (hereinafter “Defendant Korea-China Ship Machinery”) exported the cargo of this case to Defendant Korea Co., Ltd. (hereinafter “Buyer”) under the terms “CIF hub Pk Sck Sck Sym (hereinafter “instant cargo”) “VITI PRR-BRILL”)” (VITRR-BRILL) , on April 1, 2013, it exported the cargo of this case to Defendant Korea-China Ship Co., Ltd., Ltd. (hereinafter “Defendant Korea-China”) under the terms of “VITORI PRR-BRILLL” (the terms of delivery of the freight and insurance premium from BB LI to Defendant Korea Co., Ltd., Ltd. (hereinafter “Defendant”) under the contract of carriage of the cargo of this case to Defendant Korea Co.,, Ltd. (hereinafter “Defendant Korea”).

The freight number (kg) 1,836,131 CRBS 130261 May 16, 2013, 2013, 260,50,806 CRBS 130262 CR 25,156 CRBS 130262 May 36, 2013, 16, 1942 CRBS 1302 CRM 130263 May 4, 2013, 1942 CRBS 1301AM 130261AM 130261AE 3229,133,355

B. The instant cargo is a kind of medium period during which it will be used in Jur long Shipbuilding, which was scheduled to be constructed in Brazil, and was scheduled to be assembled on the local level. As indicated below, the instant cargo was divided into four strikes from May 12, 2013 to May 16, 2013, and was shipped to the CENA FAIT H H (hereinafter “instant vessel”).

C. After that, Defendant Character Korea issued a total of four copies of the instant bill of lading (hereinafter “each of the instant bill of lading”) with respect to the instant cargo as indicated in the above table, and the consignor of the said bill of lading is indicated as Defendant 1’s Chinese Ship Machinery Company, and the consignee’s column as “the buyer’s company is described next, and the object of the letter of credit is indicated as “the object of the letter of credit is appropriately shipped” in the item description column.