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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment as to the ground of appeal No. 1 in light of the record, the lower court’s “container” referred to as “containers transported by container” actually refers to “conceives transported by container,” and thus, contrary to what is alleged in the grounds of appeal.
2. As to the ground of appeal No. 2, the lower court acknowledged the facts as indicated in its reasoning based on evidence, and determined that the Defendant and the Intervenor did not have a duty of care in relation to the receipt, delivery, storage, and transportation of the instant cargo in light of the following: (a) the part of the bean, which is the instant cargo, was lost through a hole in a rectangular shape, a diameter of about 10 cm from the outer shock of the container floor; and (b) there is a high possibility that the container might have been in the course of the upstream of the container.
In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles as to the carrier's duty of care by violating the principle of free evaluation of evidence against logical
3. As to the third ground of appeal, the lower court rejected the Defendant’s assertion that the instant accident ought to be exempted pursuant to subparagraphs 5 and 6 of Article 57 of the Terms and Conditions for Railroad Freight Transport.
(1) Article 57 subparag. 5 of the Railroad Cargo Transport Clause provides that the Defendant is not liable for damages caused by incomplete packaging of a customer. However, it is insufficient to recognize that the instant accident occurred due to the Plaintiff’s incomplete packaging.
(2) Article 57 Subparag. 6 of the Railroad Cargo Transport Clause provides that the Defendant shall not be liable for damages to the contents of the container loaded with the container at the time of reception.