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(영문) 서울고등법원 2016.02.05 2015나2036769

손해배상

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff 114,070,836 won and 109,054.

Reasons

1. The reasons stated in this part are the same as the entry of the first instance court’s “1. Basic Facts” in the judgment, except for those written by the court as follows. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The third 3-4 of the judgment of the court of first instance held that "any condition under which the consignor bears the cost of arranging the cargo in the loading and unloading hold shall be borne by the shipper" shall be construed as "any condition under which the charterer bears the cost of arranging the cargo in the loading and unloading hold."

2. The party's assertion and judgment

A. The court's reasoning of this part concerning the cause of the claim is the same as the entry of "A. Determination on the cause of the claim" at the fourth bottom of the judgment of the court of first instance, except in the following cases: therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The fifth half to 6th 8th 1 of the judgment of the court of first instance "which is reasonable to see the employee belonging to the defendant" shall be written as follows.

"It is reasonable to deem that the accident of this case occurred due to negligence on the part of the employees belonging to the defendant, and caused damage to the defendant to additionally pay repair expenses, transportation expenses, etc. as seen earlier."

B. The Defendant’s assertion 1) The reasoning for this Court’s reasoning is as stated in the “1) judgment on the primary argument” at the fifth bottom of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

2) Determination as to the conjunctive argument by the parties is as follows: (a) The reasons why this Court stated in this part are the same as the entry of “a summary of the parties’ assertion” in the 7th interruption of the judgment of the court of first instance; and (b) whether the instant bill of lading is incorporated into a contract of carriage under the terms and conditions of the instant bill of lading.