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(영문) 서울중앙지방법원 2017.02.02 2015가단5212780

구상금

Text

1. The Plaintiff:

A. Defendant Dael, Korea-Japan, and interesting Korea Fire Insurance Co., Ltd. are jointly and severally liable for 340,352.

Reasons

1. Basic facts

A. On January 9, 2014, Trein Korea (hereinafter “Erein Korea”) entered into an international logistics brokerage contract with Defendant Erein Korea Co., Ltd. (hereinafter “Defendant Erein Korea”) with a carrier, Defendant Erein Korea as a carrier, and with a carrier, a carrier entered into an international logistics brokerage contract with a carrier with a content that the carrier engages in various business, such as maritime/air transport and customs, inland transportation, storage, storage, etc. of the cargo exported or imported by the consignor (hereinafter “instant international logistics brokerage contract”).

According to the instant international logistics brokerage business agreement, the contract term is from January 1, 2014 to December 31, 2014, and the carrier must compensate for damage, destruction, error in transportation, delay in transportation, and other matters caused by the carrier’s intentional or negligent act.

B. Meanwhile, on September 16, 2014, Trein Korea concluded a marine cargo insurance contract with the Plaintiff on the following terms:

o For the plaintiff insured: CENTRIFUGAL CHLEX (this intermediate air conditioningers): MV “HY UN AI MER C.036w o on September 11, 2014: The place of departure from the Republic of Korea on September 11, 2014: The insured amount for the Busan Port: 631,364,986 won (US$ 501,561 x 120%) x 1,049,000): Association cargo terms and conditions (Inststago Clauses), etc.

C. The transport of the instant cargo is conducted by the carrier (AMERICN INDEN LINE) under the supervision of the consignor (TEXE EXOTRC), after the U.S. was transported from the U.S.’s manufacturing process to the Busan port, by the instant international logistics mediation agreement between the consignee Korea and the Defendant CEL for the final purpose from the Busan port to the final date.

The main cargo which arrived at the port of Busan was brought up to the ground by the supplementary intervenor on September 29, 2014, and Defendant Han-gu Co., Ltd. (hereinafter referred to as “Defendant Han-gu”) at the open port.