beta
(영문) 서울중앙지방법원 2018.12.14 2016가합557666

손해배상(기)

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 211,707,883 as well as its annual interest from May 21, 2016 to December 14, 2018.

Reasons

1. On January 17, 201, the Plaintiff entered into a credit transaction agreement with D (D; hereinafter “D”) on the amount of credit limit, USD 1,00,00,000, and the expiration date of the credit period, which is stipulated on January 18, 2012, and was limited to USD 1,200,000 on the same day. On February 11, 2011, the said credit limit amount was increased to USD 2,60,000,000, and the collateral limit was increased to USD 2,000,000,000, respectively, and thereafter, the credit transaction was made with D pursuant to the said credit transaction agreement.

D) A total of 822.601 tons produced by E Co., Ltd. (E) on January 7, 2016 (i.e., 13 meters in diameter, 16 meters in diameter, 209.145 tons in diameter, 8m in length, 198.42 tons in diameter, 19 meters in diameter, 22m in diameter, 22m in diameter, 8m in length, 8m in diameter, 207.648 tons in diameter, 8m in length, 207.68 tons in diameter, 207.376 tons in length, 8m in length, 207.376 tons in length) was to be imported to USD 22,102.27 in total through F limited liability companies [F].

Accordingly, according to the above credit transaction agreement with D, the Plaintiff issued a credit with F limited liability company as beneficiary in order to pay the import price of the instant cargo.

E 주식회사는 G 주식회사(G)와 사이에 이 사건 화물에 관한 운송계약을 체결하였고, 이에 G 주식회사는 2016. 1. 9. 중국 징탕(JINGTANG, 京唐)항에서 이 사건 화물을 선적한 후, 송하인(Shipper) ‘E 주식회사’, 통지처(Notify Address) ‘D’, 수하인(Consignee) ‘원고(원고가 지시하는 자, TO ORDER OF A BANK)’, 양륙항 ‘인천’으로 하는 선하증권(이하 ‘이 사건 선하증권’이라 한다)을 발행하였으며, 원고는 매입은행에 매입대금을 대지급하고 2016. 1. 29. 위 선하증권을 수령하여 현재 이를 소지하고 있다.

Article 1 (Purpose) This Agreement provides Defendant C with the land adjacent to Incheon Port and 1,022 square meters within the bonded warehouse of this case, and Defendant C’s responsibility and responsibility within this warehouse.