beta
(영문) 서울중앙지방법원 2018.01.24 2014가단206844

구상금등

Text

1. The plaintiff's main claim against the defendant MMM E is dismissed.

2. Defendant Tyan Jin.

Reasons

1. Facts of recognition;

A. The New Denmark Korea Ltd. (hereinafter “New Denmark Korea”) entered into a contract of relay sales with Defendant Tanjin and India located in China (hereinafter “Ssamere”) to sell 42,750 U.S. dollars (including freight and insurance premium) to 42,750 U.S. dollars (hereinafter “instant cargo”).

B. In order to deliver the instant cargo to be delivered in China, New Denmark Korea requested Defendant CM to transport the instant cargo from the Chinese New River to the Khova Port through the Indian Port through the Indian Port.

C. On September 6, 2013, Defendant C&M received the instant cargo loaded and sealed from Defendant C&V in the Chinese New River from Defendant C&V and loaded the instant container (number FCIU2461399, hereinafter “instant container”) and issued the instant bill of lading (However, the bill of lading stating that “HIPER” was entered by the consignor, and the quantity of the instant cargo is SIU2D C&D MUD C&D (SCO). hereinafter “the instant bill of lading”). < Amended by Presidential Decree No. 20123, Sep. 6, 2013; Presidential Decree No. 20220, Apr. 2, 2016; Presidential Decree No. 20130, Feb. 23, 2016>

The instant container was transshippedd at the Busan port on September 9, 2013, stating that the number of the seals of the instant container is different from that stated in the instant bill of lading, as “N301487” at the time of transshipment.

E. On October 8, 2013, the instant container arrived at the Indiank Port. The inside of the container was not the instant cargo but the concrete block amounting to 10,948 km.

(f).