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(영문) 서울고등법원 2016.09.23 2016나2017475
손해배상(기)
Text

1. Of the judgment of the court of first instance, the defendant who ordered payment to the plaintiffs in excess of the following amounts is against the defendant.

Reasons

1. The facts below the facts of recognition are either in dispute between the parties or in respect of each entry in Gap evidence 1 to 6, including each number, as a whole.

[1] The National Agricultural Cooperative Federation prior to the division (hereinafter “CF”) is a financial institution engaging in credit business and mutual aid business, and the defendant is operating a bonded warehouse at Pyeongtaek-jin Port as a company engaging in the business of loading, unloading and storing imported cargo.

In around 2010, the National Agricultural Cooperative requested the issuance of a letter of credit to import heat gas (hereinafter referred to as the “Esethyl”) from Esethyl Co., Ltd. (hereinafter referred to as the “Esethyl”), and had the four L/C (hereinafter referred to as the “each of the instant L/C”) issued to Esethyl during the period from September 14, 2010 to December 20 of the same year.

[2] The Nonghyup Federation shall pay the amount of each of the instant L/C to the negotiating bank in accordance with the ordinary L/C transaction procedures, and shall purchase and hold shipping documents with all the documents required in each of the above L/C, including each bill of lading issued by the carrier.

The heat fluorco imported by Espethyl shall arrive at the port of Pyeongtaek and Jin, the objective of which is four times (hereinafter “each of the instant cargo”). The credit number, weight, carrier, and arrival date of each of the instant cargo are as listed below.

At the request of the owner of the cargo at the time of entry, the defendant kept each of the cargo in the defendant's bonded warehouse by loading and unloading.

Separate Credit Number (t) No. 1 MO3TR09NS0057 (1) 752.6 Rodra on November 14, 2010, when the date of the arrival of the carrier was completed, the first MO3TR09NS0057 (1) 752.14 November 2010 2, 2010, the second MO3TR01NS0032 Tlar 278.822 December 27, 2010, 2010, the third MO3TR012NS064 780.38 Ra on January 15, 2011 / [ easily 105.10 / [10 /4.10 /4.10 /4.10 /4.10 /4.10 /4.10 /4.10 /4.10

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