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(영문) 서울중앙지방법원 2020.07.08 2019가단5121073

손해배상(기)

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. Facts of recognition;

A. The plaintiff is referred to as D. D.

Section 24,900 km and less than 'the Cargo of this case' is called "the Cargo of this case."

B In the export of B, on November 1, 2018, the Cargo Brokerage Business E Co., Ltd. (hereinafter referred to as “E”).

through B, Defendant B et al. (hereinafter referred to as “Defendant B”).

(B) The reservation number was made to request the carriage of the following contents. Frane: Frane: D: 294 packages of clothing 294, 1 container (H, 24,900 g name: Incheon, Republic of Korea port of shipment: Bab, Chile.

B. During the commission of the carriage of the instant cargo, E selected the type of transport document in Defendant B’s computer program as a sea waybill.

C. On November 12, 2018, the freight manager of the instant case paid transportation charges to Defendant B. On November 13, 2018, Defendant B sent to Defendant B an e-mail stating that “I would make a request for issuance of a bill of lading (B/L separately thereafter)” and Defendant B sent the answer that “I would make a request for the issuance of a bill of lading (B/L) as of November 13, 2018.”

Defendant C received delivery of the instant cargo on November 10, 2018, and loaded it to the ship and transported it at the Incheon port to Ekib, and the said ship arrived at the Ekib port on December 13, 2018.

E. According to the Defendant B’s computer program, the authority to issue the instant transport documents related to the instant cargo was changed to D on November 28, 2018.

On the other hand, on December 18, 2018, D, written as consignee, requested Defendant C to issue a copy of the maritime cargo waybill, and Defendant C issued it and Defendant C delivered the instant cargo to D on December 18, 2018.

【Ground of recognition】 Facts without dispute, Gap’s evidence Nos. 1, 2, 4 through 11, Eul’s evidence Nos. 1, 4 through 6 (including paper numbers), and the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion is paid the price for the instant cargo by D.