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(영문) 서울남부지방법원 2017.05.26 2016나63352

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff entered into a marine cargo insurance contract with the ELE Co., Ltd. (hereinafter “ELE”) with the insurance coverage period from April 1, 2015 to April 1, 2016, where an insured event, such as the loss of all products transported by ELE upon entering into a contract of carriage, etc., the Plaintiff entered into a marine cargo insurance contract with the insurable interest.

(See Evidence No. 6, hereinafter referred to as “instant insurance contract”). B.

around April 15, 2015, LIE entered into a contract for the export and sale of 2,50 smartphones to LIE (hereinafter “instant smartphone export contract”), and LIE entered into a commercial invoice (hereinafter “instant commercial invoice”) issued by LIE in relation to the above export contract, stating that the commercial invoice (hereinafter “instant commercial invoice”) is traded on the terms of CIP (A evidence 1; hereinafter “instant commercial invoice”).

C. On January 1, 2015, the Defendant entered into a transport contract with the Defendant to transport the cargo designated by the ELE on consignment (hereinafter “instant transport contract”) and the Defendant entrusted the Defendant with the transport of 2,50 smartphones (hereinafter “instant smartphone”) around April 17, 2015.

On the other hand, the contract of carriage of this case is stipulated as follows.

(c) section 5.

2. The Company (Defendant) shall compensate for all personal damage, including damage resulting from the theft, loss, damage, delay of cargo and other defects in the loading or transportation of cargo, and any other damage arising in connection with the performance of transportation services, including personal damage, etc. of the third party.

The amount of damages is calculated in a reasonable way by ELE and the company is notified in writing to the company.