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(영문) 창원지방법원통영지원 2013.07.19 2012가단13148

손해배상(기)

Text

1. The Defendant’s KRW 62,423,812 as well as the Plaintiff’s KRW 5% per annum from June 27, 2013 to July 19, 2013.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who operates cargo transport business with the trade name of C&C (the actual manager seems to be D, the plaintiff's husband), and the defendant is a company that manufactures shipbuilding machinery and equipment.

B. Around October 2012, the Plaintiff entered into a cargo transfer contract with the Defendant with respect to the goods requested by the Defendant (hereinafter “instant contract”).

The contract between B(A)(hereinafter referred to as “A”) and CB(hereinafter referred to as “B”) for the transport of cargo (hereinafter referred to as “special transport”) shall be concluded as follows:

Article 1(1)(Purpose)(B) of the Act stipulates that “A” shall cooperate in providing transportation services on the basis of the principle of good faith and sincerity as stipulated in each of the following provisions, and that “A” shall pay remuneration to “B”.

Article 2 (Contract Goods and Transport Coverage) (1) In this Agreement, the term "goods" means any goods requested by "A". 2) In this Agreement, the term "transport" means the transport of goods from the place designated by "A" to the place of delivery designated by "A".

Article 3 (Request and Implementation of Transport Services) (1) “A” requires transport to “B” in writing or orally, and “B” shall carry out the work of transport after receiving the transport request from “B”. 2) When the delivery of the goods at the place of delivery is carried out under the responsibility of “B” and there are objective defects in the work methods, etc., “B” shall be dealt with in consultation with “A”.

Article 4 (Limitation of Liability and Compensation for Damages) 1) “B” compensates for 100% of any accident, such as loss or damage, caused in the course of the carriage of goods. (2) In compensating for damages referred to in the preceding paragraph, “A” shall be liable for damages if the cause of the accident lies on “A”, or if it is due to a natural disaster or other force majeure.