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(영문) 서울중앙지방법원 2017.10.19 2015가단5359191

구상금

Text

1. The Defendant’s KRW 32,900,000 as well as its annual 6% from October 21, 2015 to October 19, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a company with the purpose of wholesale and retail business of industrial machinery, manufacturing business of industrial machinery, installation and transportation business of industrial machinery, transportation business of composite cargo forwarding business, etc.

B. On March 1, 2012, Hyundai Libers Co., Ltd. (hereinafter “Mogles”) drafted a “combined Transport Contract” with the Defendant.

The contents of the contract are as follows:

Article 2 [Purpose of Contract] Hyundai Roster is to entrust the defendant with the duties prescribed in Article 5 (hereinafter referred to as "subject duties") in relation to the transportation of products produced and exported by Hyundai Rosters, and the defendant will be entrusted with such duties.

Article 5 [Scope of Business Activities] (1) The scope of business to be performed by the defendant under this contract shall be as follows:

1. All the contents of the annexed agreements after the selection of successful bidders by transport;

2. The scope of business subject to an agreement between the parties concerned may be adjusted if necessary and if it is necessary to modify the contents of a bill of lading and a simplified contract (FIXRE NTE).

Adjustment of the scope of the subject business shall comply with the provisions of Article 4 concerning the modification of the terms and conditions of the contract, and the contract period or the contract price may be changed.

Article 6 [Purpose Cargo] The objects (hereinafter referred to as "cargos") entrusted to the defendant by Hyundai Grovis shall be as follows:

1. Whole goods of modern items requested for transportation after selecting a successful bidder by transport;

2. Article 10 [Obligation and Liability of the Defendant] (1) The Defendant shall be liable for all of the duties related to the goods, such as the loss, damage, loss, delay arrival, etc., from the time of taking over the goods at a place designated by Hyundai Bangladesh to the arrival of them in the final destination designated by Hyundai Bangladesh.

At this time, the defendant shall perform the external appearance and performance of the cargo immediately after taking over the cargo.