손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around May 201, the gist of the Plaintiff’s assertion entered into a sales contract with the Defendant on July 201, 201, with the content that the Plaintiff sold the automobile parts (hereinafter “Nonindicted Company”). Around July 201, the Plaintiff entered into a sales contract with the Defendant to deliver the said automobile parts (hereinafter “instant goods”) at the port of Busan and deliver them to the Nonparty Company (hereinafter “the instant contract”). Accordingly, on July 25, 201, the Plaintiff paid a transportation charge to the Defendant on July 26, 201, and received a bill of lading from the Defendant on July 26, 201.
Then, the Plaintiff did not receive USD 26,00.04 from the non-party company the balance of the goods price for the instant goods, and did not receive USD 26,000.04 from the non-party company, and continued to hold the instant goods without delivering the instant bill of lading to the non-party company even after arrival at the Ria port. However, as the Defendant breached its duty to deliver the instant goods in exchange for the said bill of lading, it was eventually impossible to receive the balance of the goods price from the non-party company.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of the price of the goods with US dollars 26,00.04 and damages for delay due to default or tort.
2. Determination on this safety defense
A. The Plaintiff’s lawsuit of this case by the summary of the Defendant’s assertion is unlawful as it was filed after one year from the expiration of the exclusion period stipulated in Article 814(1) of the Commercial Act.
B. The main text of Article 814(1) of the Commercial Act provides that “The claims and obligations of a carrier against a charterer, consignor, or consignee shall be terminated, whatever the causes for the claims may be, unless no judicial claim is made within one year from the date when the carrier delivers or will deliver the goods to the consignee.”