구상금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court's explanation concerning this case are as follows: "3.347 of the judgment of the court of first instance" shall be read as "3,347 of the judgment of the court of first instance"; "payment" shall be added to "the plaintiff's insurance money" of the fifth 17 of the judgment of the court of first instance; and "(c)" of the sixth 7 of the judgment of the court of first instance shall be the same as the part concerning the reasons for the judgment of the court of first instance except for the following re-written parts. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act
1) According to Article 22(3) of the Montreal Convention which takes precedence over the Civil Act and the Commercial Act (hereinafter “instant Convention”), the Defendant’s assertion that the liability of the carrier shall be limited to 17 SDR per kilogramg, as the Defendant’s standard terms and conditions of carriage by air, and the Montreal Convention which takes precedence over the Civil Act and the Commercial Act (with respect to the agreements in the position of the Civil Act and the Commercial Act, Korea joined the said Convention on October 30, 2007; hereinafter “instant Convention”). As such, the Defendant’s liability is limited to the foregoing limit.
2) A. Determination of the relevant provisions of the Convention - Article 18 of the Convention - Damage to cargo
1. A carrier shall be liable only when an accident which causes damage to a carrier due to the destruction, loss or damage of the cargo takes place during carriage by air;
3.For the purposes of paragraph 1 of this Article, carriage by air includes the period during which the cargo is under the control of the carrier.
4. The periods of carriage by air shall not include carriage by land, by sea, or by inland waterway conducted outside the airport.
However, if such carriage was made for the purpose of loading, delivering, or transshipment of cargo in the performance of an air transport contract, no counter-proof is presumed to be the result of an accident that occurred during carriage by air unless there is any counter-proof.
Article 22 – Limit of liability with respect to delay, delay, cargo and cargo
3. In the carriage of cargo.