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(영문) 서울중앙지방법원 2019.01.25 2017가합581284
손해배상금
Text

1. The Defendant’s KRW 179,873,928 against the Plaintiff and 5% per annum from December 7, 2017 to January 25, 2019.

Reasons

1. Basic facts

A. On August 22, 2014, C Co., Ltd. (hereinafter “C”) entered into a loading and unloading contract with the Defendant under which the commission of the work, such as the consignment of cargo, the cargo set-off and unloading, the loading and unloading, the unloading, the boarding and unloading, the gambling, and the cancellation of gambling, etc. (hereinafter “instant loading and unloading contract”), and the details thereof are as follows.

Article 1(Scope of Loading and Unloading)(1)(Scope of Loading and Unloading) The defendant shall make sure that the following affairs are faithfully performed with respect to the loading and unloading of the cargo which is harmful to C / D:

3) Article 3 (Securing Number of Persons and Loading Equipment) of the Cargo Sting and Stambling shall be fully equipped with the Defendant’s expense so as to meet C’s demand to cover the number of persons, equipment, and implements necessary for loading and unloading operations, and shall be supplemented within 15 days from the time when C’s additional demand is made. In particular, all of the following matters must be naturally equipped and shall not be hindered in shipping operations and transport of cargo. 7) In the case of solid stuffing material on board: The Defendant shall be liable for the following all accidents arising during the course of performing its duties due to the Defendant’s fault, and shall compensate for the owner or C without delay:

Provided, That C shall be liable for any damage caused by C's fault or force majeure, such as natural disasters, during the operation of C.

1) Accidents of collection and arrival cargo (accidents caused by shortage, reduction, deterioration, damage, fire, speed failure, and malfunction of loading and unloading equipment, etc.) 6) the volume of all the cargo under Article 12 (Observance of Relevant Acts and subordinate statutes) of the damage incurred by the Defendant’s care or negligence during the course of operating at the load of the cargo vehicle, the vehicle and the cargo for loading and unloading equipment 7) and other damage caused by the Defendant’s care or negligence shall be governed by the provisions of the laws and regulations on the carriage of cargo. (b) The Defendant around October 2014 (hereinafter “E”).

E. (a) between E.

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