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(영문) 수원지방법원 2020.06.11 2019나81117

손해배상(기)

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the import and export of medical appliances and pharmaceutical products, and the Defendant is a company that aims at trucking transport business.

B. On December 12, 2017, the Plaintiff entered into a marine transportation contract with C company, which is a shipping company, with the content of transporting medical devices for export (hereinafter “instant 1 shipment”) from the port of Busan to the port of Saudi Arabia Paragraph (c) [A consignee: D; hereinafter “LIB”); and subsequently, on December 12, 2017, the Plaintiff entrusted the Defendant with the instant 1 shipment of the instant 1 shipment to the port of Busan by December 14, 2017, entrusted the Defendant with the land transport of the instant 1 shipment to the port of Busan by December 14, 2017. The Plaintiff issued a discount number (E) of an empty container for which the instant 1 shipment will be loaded.

C. On December 13, 2017, the Defendant notified a container-related company of the above stop number, allocated empty containers, and sent the Plaintiff vehicle and container-related information (container number: F, real number: G: hereinafter “instant 1 container”) by facsimile.

On the other hand, H Co., Ltd (hereinafter “H”) exported the goods (hereinafter “the goods of this case 2”) from Busan to Sydh. At that time, H Co., Ltd. (hereinafter “H”) loaded the goods of this case 2 into the containers of this case (hereinafter “instant two containers”) and entrusted the Defendant with the land transport of the goods to Busan New Port by December 14, 2017.

E. On December 14, 2017, the Defendant’s employees operated a strawer who can load and transport two containers, and arrived at a chemical factory, and opened the 2 container door of this case. The Plaintiff’s employees entered the 2 container of this case into the 2 container of this case.

In addition, the Defendant’s employees were driving the said Twitler on the same day, and arrived at the place designated by H, and the employees of H entered the instant 1 container into the instant 2 cargo.

(f).