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(영문) 인천지방법원 2015.01.15 2014나734
구상금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following payment order.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a lawsuit claiming compensation against the Defendants, and Defendant A filed a counterclaim claiming payment of transport charges against the Plaintiff, and all of the claim and counterclaim claims were accepted. However, it is apparent in the record that only the Defendants appealed and appealed. Accordingly, the subject of the judgment of this court is limited to the claim of the principal lawsuit.

2. Facts of recognition;

A. The Plaintiff is a company operating a combined freight forwarding business, etc., and the Defendant A is an individual employee engaged in the combined freight forwarding business and the freight forwarding business under the trade name of “C,” and the Defendant B is the owner of the Dpoter, Ⅱbs and freezing tower (hereinafter “instant freight truck”).

B. From December 31, 2010, the Plaintiff entered into a transportation consignment agreement with Taean International Transport Co., Ltd. (hereinafter “Taian International Transport”) to transport the goods designated by Taean International Transport Co., Ltd. to the designated destination.

C. On July 2, 2012, pursuant to the above transportation consignment agreement, the Plaintiff concluded a transportation contract with Defendant A for the said cargo (hereinafter “instant transportation contract”). The Plaintiff concluded a transportation contract with the Defendant for the said cargo (hereinafter “instant transportation contract”). The Plaintiff concluded a transportation contract with the Plaintiff to transport three of the liquid materials in color (Red Plaste cans) owned in the Incheon International Airport Air Cargo Storage Co., Ltd. (hereinafter “Japan”).

At around 20:00 on July 2, 2012, Defendant B, an employee of Defendant A, inspected whether the instant cargo was abnormal with the Plaintiff’s employees at the Incheon National Bureau supply port, and loaded the instant cargo to the instant cargo. At around 06:00 on July 3, 2012, Defendant B discovered that, of the instant cargo, the instant cargo was transported out of the package vinyl filled up with a hole in one can, among the instant cargo, in order to depart from the Defendant B’s domicile to the single-sold workplace.

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