beta
(영문) 서울중앙지방법원 2018.07.18 2017가단5096302

구상금

Text

1. The Defendants jointly share KRW 114,143,48 with respect to the Plaintiff, as well as the period from April 21, 2017 to July 18, 2018.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff, an insurance company, entered into an insurance contract with the United Nations Es.S. Co., Ltd. engaging in the business of loading, unloading, and transportation of imported cargo (hereinafter “relicity”).

Shebs Co., Ltd. (hereinafter referred to as the “Defendant’s Masters”) entered into a liability insurance contract with Defendant Matz Marine Insurance Co., Ltd. (hereinafter referred to as the “Defendant’s Masters”) to compensate for Defendant’s damage liability.

B. On January 2, 2015, the Plaintiff entered into a contract with Amarket Korea (hereinafter “Amarket”) which is engaged in the steel product import business to load and unload the imported cargo of Amarket. Accordingly, on May 2, 2015, the Plaintiff imported the cargo of this case from China (hereinafter “instant cargo”) as a ship by loading and unloading D-Bar 2,06.598 tons (hereinafter “SB”) from China (SB), which was loaded at the port of Busan, and transported the cargo of this case to the Gamarket steel storage cell located in Chang-si, and entrusted the loading and unloading of the instant cargo of this case.

B. On May 2, 2015, when the cargo of this case was unloaded on May 2, 2015, but it was impossible to release the cargo on the same day as the cargo was unloaded until P.M., the oil was scheduled to release the cargo at no later than 9:0 on May 4, 2015, and entrusted Defendant Swits with the custody of the cargo of this case at the night site of the operation and management of the Defendant Swits located within the second section of the Walcheon Port, and the following day is predicted, the cargo of this case was also requested to the Defendant Swits to store the cargo of this case by covering the cargo of this case.

【Defendant Roster” means the loading and unloading of the instant cargo by Defendant Roster on May 2, 2015.