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(영문) 서울중앙지방법원 2019.01.18 2016가합515730

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The relevant plaintiff is a company running non-life insurance business.

D Co., Ltd. (hereinafter referred to as “D”) is a company that runs the entrusted storage business using a warehouse located in Ulsan-gun E (hereinafter referred to as “instant warehouse”).

The Plaintiff entered into a contract with D with the following content F (hereinafter “instant insurance”).

F GDDD entered into a service contract (hereinafter “instant service contract”) with Defendant B (hereinafter “Defendant B”) on May 20, 2014, that allows Defendant B (hereinafter “Defendant B”) to provide vessel loading and unloading services, including “matters concerning tank management, shipment management, tank and pipeline cloring (including Manle open and clean), and 2 terminal tank operation.”

On June 3, 2014, Defendant B performed cleaning work for TK-602 tanks (hereinafter “instant tank”) and pipes fixed thereto (hereinafter “instant pipes”) in the instant warehouse No. 2 terminal. 3, 2014.

On June 19, 2014, Defendant B verified that the internal co-rating was damaged as a result of the prevention inspection of the instant tank on June 19, 2014, and conducted an internal co-rating repair work using a col character from July 15, 2014 to July 21, 2014.

D) On July 28, 2014, H Co., Ltd. (hereinafter “H”) and from August 1, 2014 to October 31, 2014, H entered into a cargo consignment storage contract with H to store the instant virtual chloride (referring to the expropriation with a concentration of at least 1% of Caustic Soda and Fishery Cytriium (NOH). In the case of the foregoing virtual chloride, the fishery carbon concentration of at least 49.98% was 49%; hereinafter “the instant virtual chloride”); and hereinafter “the instant virtual chloride”) with a cargo consignment storage contract with H to store KRW 20 million (excluding value-added tax) in the instant tank, and intended to store the instant virtual chloride in the instant tank.

Defendant C (hereinafter “Defendant C”) is cleaning the instant tank on August 7, 2014 at H’s request.