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(영문) 서울중앙지방법원 2018.03.30 2016가합573743

손해배상

Text

1. The Defendant’s KRW 243,684,980 for the Plaintiff and KRW 5% per annum from December 14, 2016 to March 30, 2018.

Reasons

1. Basic facts

A. On September 30, 2015, the Plaintiff engaged in shipbuilding, repair, remodeling, and sales of vessels, and the Defendant engaged in domestic and foreign cargo transportation and customs agency business, etc. entered into a cargo transport contract (hereinafter “instant transport contract”) with the Defendant, who entered into a cargo transport contract (hereinafter “instant transport contract”). The main contents are as follows.

Article 2 (Scope of Transport) The scope of Transport under this Agreement shall refer to all carriages to the arrival place designated by the Plaintiff and to delivery to the carrier at the arrival place designated by the Plaintiff, and the Defendant shall perform all duties related to carriages within the transport range designated by the Plaintiff.

Article 3 (Definition of Terms) The term "transports" in Article 2 means all cargo transport and shipping documents (B/L, Inc., Pkwing List, etc.), acceptance of transport documents (Pking List, etc.) and all administrative procedures necessary for transport, progress of transport, notification of the results thereof, etc., which are imported by the Plaintiff to the Defendant.

Article 4 (Obligation of Defendant) (1) In transporting the cargo requested by the Plaintiff, the Defendant shall transport the cargo promptly, accurately, and safely to the place designated by the Plaintiff on the transport schedule as a good manager.

(2) In handling the Plaintiff’s cargo, the Defendant must notify the Plaintiff without delay and do his best to manage the goods in advance when there is a special error in the course of transportation from the departure place to the arrival place.

The term "special circumstances" means ① all accidents and violations of relevant laws and regulations, ② the occurrence of damage, loss, etc. of the cargo, ④ all the contents deviating from the normal course of transportation (3) the defendant is liable to compensate the plaintiff for all damages incurred by the failure to perform his/her duties.

Article 7 (Liability of Defendant) (1) Where any cause, such as the loss, damage, or loss of all or part of the cargo, arises, the Defendant shall immediately do so.