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(영문) 부산고등법원 2017.01.19 2016나56700

지체료

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

In addition to the evidence submitted by the court of first instance, Article 814(1) of the Commercial Act provides that "any claim and obligation of a carrier against a consignor or consignee shall be terminated if no judicial claim is made within one year from the date when the carrier delivers or delivers the cargo to the consignee, regardless of the grounds for the claim," and the claim for delay in this case is a claim against the consignor against the carrier and thus, it is reasonable for the judgment of the court of first instance to apply the limitation period of one year pursuant to Article 814(1) of the Commercial Act.

The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with the main text of Article 420 of the

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.