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(영문) 서울중앙지방법원 2020.10.14 2019가단5279613

구상금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, etc., and is an insurer that has entered into a cargo insurance contract (hereinafter “instant insurance contract”) for polysster film 10 kystm (hereinafter “instant cargo”) imported by C Co., Ltd. (hereinafter “C”), and the Defendant is a company that engages in complex freight forwarding business, inland cargo transport business, marine cargo transport business, etc., and has taken over a transportation contract for the instant cargo imported by C.

B. On January 8, 2019, C entered into a contract with the “D Co., Ltd.” (D Co., Ltd.; hereinafter “C”) and the instant cargo to be imported under the condition of FOB JAPN in Japan at 6,006,00,000, and around that time, C requested the Defendant to transport the instant cargo.

C. On January 16, 2019, the Defendant issued the instant B/L (hereinafter “instant B/L”) with the serial E-free bill of lading (hereinafter “the instant B/L”) under one’s name, and loaded the instant cargo to F/L and transported the instant cargo to Busan port. On January 22, 2019, the Defendant sent the instant cargo to C/L around January 22, 2019. (d) At around that time, C opened the container with the instant cargo loaded (G number), confirmed the fact that the instant cargo was entirely damaged (hereinafter “instant accident”). (e) around February 12, 2019, the Defendant sent the Defendant notice of the instant accident requesting the Defendant to take measures to compensate for losses due to the instant cargo’s accident, and (e) around February 6, 2019, the Plaintiff paid the instant B/L to C/L to the Defendant according to the insurance contract, “C. 26, 2000,” and (f) the Plaintiff paid the instant cargo to C/L.