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(영문) 서울중앙지방법원 2014.02.12 2012가단279848

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall include all costs incurred by the participation.

Reasons

1. Basic facts

A. The plaintiff is a company running the transportation business. The defendant is a corporation established pursuant to the Korea Railroad Corporation Act to run the transportation business, and the defendant's intervenor is a company running the agency business related to the transportation of railway freight.

B. On October 6, 2011, the Plaintiff entered into a transportation contract (hereinafter “the instant transportation contract”) with the Defendant on the part of the Defendant and the Defendant for the transportation of one container (KTU7328421, hereinafter “the instant container”) in order for the Congo to arrive at the terminal of the Busan New Port (hereinafter “instant container”) from the Busan New Port to the sking Station located in the Busan New Port (hereinafter “the instant transportation contract”). The instant container was a cargo for which the Plaintiff was requested to transport the instant container from the Han-gu Integrated Transportation Co., Ltd. (hereinafter “the instant train”).

C. On October 6, 201, at around 18:02, the instant container was transported to the 8th line at the Busan Port, the Busan Port, through the New Line Logistics Co., Ltd., which was entrusted by the Plaintiff with the transportation of containers within the Busan Port, and was transported to the 18th line at the Busan Port, the Busan Port, where the instant train was waiting at the terminal. At around 19:02, the instant container was loaded to the straw for container unloading installed on the tracks through the Defendant’s Intervenor, who was entrusted with the operation of container train from the Defendant, and was the straw for container unloading installed on the tracks.

On October 6, 201, the instant train started the Busan New Port on October 20, 201, and came to fall at the 4th line after the arrival of the Owing Station around 11:35 on October 7, 201. The instant train was found to have been accumulated into the instant chemical in the course of preparation for the drop-off of the instant container.

E. Meanwhile, Article 3(1)27 of the Railroad Cargo Transport Clause is a cargo transported by container.