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(영문) 서울중앙지방법원 2014.06.19 2013가단5103318

손해배상 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around January 2010, the Plaintiff entered into a contract on the import of scrap metal from Mesia, an exporter, and for this purpose, the Plaintiff entered into a contract on the consignment that the scrap metal, which was transported into the sea from Mesia, to Mesia, to Mesia, Inc., Ltd., Ltd. (hereinafter “Mesia”), will be transported to Mesia, which was within the territory of the Republic of Korea, to Mesia, from Mesia, to Mesia, Inc., Ltd. (hereinafter “Plaintiff factory”).

B. Accordingly, this paper concludes a contract with the Defendant to request the transportation of scrap metal imported by the Plaintiff to the Plaintiff’s factory to the Plaintiff.

C. The defendant again requested the defendant's subcontractor to carry the above transportation, and accordingly, the article of container freight cars belonging to the defendant's subcontractor was actually transported. D.

As a result, B, the site manager of Lee Jae-T, the Plaintiff, was in charge of transporting containers loaded with the imported scrap metal as above to the Plaintiff factory, and loading and unloading in the factory site. The Plaintiff’s factory, in collusion with D and partial operators of the C Co., Ltd., which are operators of the C Co., Ltd., which are operators of scrap metal collection companies, ordered containers to be transported to the Plaintiff factory, to first transport containers to the Dae Chang-gu, the Defendant’s factory, in large-scale industry, which is the collecting company of container freight. From February 23, 2010 to February 26, 2010, after deducting part of the scrap metal loaded with containers in the New Industries, 37,659, 210 won were stolen over 11 times in total, and 37,659,210 won were stolen. < Amended by Act No. 9974, Feb. 23, 2010>

E. Meanwhile, this paper deals with the Plaintiff around April 2014, which was pending in the instant lawsuit, according to the contract of carriage against the Defendant.