손해배상(기)
The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.
Expenses for appeal shall be borne by the defendant (Counterclaim plaintiff).
the purport and purpose of the claim;
1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. The ground of appeal No. 1 in the judgment of the court of first instance on the same part
D. 2) The part of the first instance judgment (from No. 6 of the judgment of the court of first instance to No. 17 of the judgment, to No. 21 of the judgment) are as follows.
On December 20, 2013, shipping of steel-related cargo began.
On the other hand, the defendant sent e-mail (Evidence A No. 14) to the plaintiff on January 23, 2014.
In the case of double-type containers (hereinafter “n-type containers”) among steel freight details, it is difficult to use general container printing equipment and high stuffing material and to load only up to two times, so it is possible to load only a maximum of two times. Therefore, it is an item that is most likely that empty space is likely to occur and require the highest time of loading and anchoring work, and in the case of double-line ships, it is deemed that the above (on-deck) space is the most likely to be loaded at the last time. Therefore, it is difficult to establish a preliminary schedule by focusing on the double-type container and bus line that are at issue to maintain the operational stability of the ship.
At the same time, it is suggested that all the cargo to be loaded on the ship can not be loaded on the ship, and it is suggested that the ship should not be loaded on the ship, the 40 feet container 11, the 68 feet container 11, the 40 feet container 11, the 50 feet container 20 feet container 50, and the 68 feet container 68 feet container 2.
The reasoning of the judgment of the court of first instance is as follows 2-A. part of the judgment of the court of first instance (from No. 7 of the judgment of the court of first instance to No. 16 of the judgment)
“A. The Plaintiff’s assertion specifies the transport vessel as “G or its substitute vessel (Gor sub)” in the instant transport contract, and state the schedule of the transport vessel to be connected to D after the transport to F on November 25, 2013, in F on the 31,203CBM, 3,495M.Ton (Jek 9,525CM 579TEU).