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(영문) 서울중앙지방법원 2019.08.28 2018가합507245

손해배상(기)

Text

1. As to the Plaintiff, the Defendant Co., Ltd.: USD 342,16.40 in Hong Kong; USD 4,145.625 in each of the said amounts.

Reasons

1. Basic facts

A. The Plaintiff is a domestic shipping company that runs the ocean-going cargo transportation business.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in export and import business, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaged in multimodal transport arrangement business and maritime transport business.

B. Defendant B (D; hereinafter referred to as “D”) entered into a contract for the manufacture of Alcargy Equipment

(E) A contract for a maintenance and repair construction project, including the content of exporting Alkali Srubber Sruber, was entered into with E Co., Ltd. (hereinafter “E”) on January 13, 2017.

2) As to the above contract with the Defendant, it is deemed that the manufacturing contract of this case is the manufacturing contract of this case.

(2) According to the instant manufacturing consignment agreement, E manufactured a Alvered At Place, and supplied it on the D site, which is a destination (Article 2(f) of the Framework Agreement, and Article 3(1) of the General Terms and Conditions of the Contracts). The instant manufacturing consignment agreement imposes all the costs according to the terms and conditions of supply, including packing charges, freight charges, loading and unloading charges, insurance premiums, etc., to the place of delivery.

(Article 3(3)(3) E of the General Terms and Conditions of the Agreement refers to the “instant Cargo” consisting of a total of 10 cubic straws under the Agreement.

)를 제작하고, 이를 D 현장에 납품하기 위하여 피고 C에 베트남 하이퐁항까지의 해상 운송 업무를, F에 베트남 내 육상 운송을 위탁하였다. 다. 해상 운송 중 사고 발생 1) 원고는 피고 C로부터 평택항에서 베트남 하이퐁항까지 이 사건 화물의 운송을 의뢰받고, 2017. 1. 18. “송하인 : 피고 C, 피고 B을 대리하여(C, O/B of B)”, “수하인 : G", "선명 : H(H, 이하 ‘이 사건 선박’이라고 한다)”, “선적항 : 평택, 대한민국”, “양하항 : 하이퐁, 베트남”, “목적지 : 하이퐁, 베트남”으로...