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(영문) 서울고등법원 2016.07.15 2015나2066616
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the underlying facts is as follows, and the corresponding part of the judgment of the court of first instance (the “1. Basic Facts”) is the same as that of the judgment of the court of first instance, except for the writing or addition as follows. As such, this part is cited in accordance with the main sentence of Article 420

The second and second reasons of the judgment of the first instance court "the plaintiff is a company." The plaintiff has been requesting the defendant to transport the products imported from Plaos, since 10 years ago."

The second ground for the judgment of the court of first instance shall be 227,745.30 "27,745.30" in the second ground for the judgment of the court of first instance.

The third written judgment of the court of first instance referred to in the second written judgment "(hereinafter referred to as the "instant contract") is added to the following."

The third part of the judgment of the court of the first instance added "A while carrying out land transportation at the Round plant at the Round plant" and the 9th part "accidents" to "accidents".

2. Summary of the plaintiff's assertion

A. The Defendant, as a carrier of the instant cargo, has the duty to transport the instant cargo from the Plaon factory to Busan. Even if the Defendant is not a carrier, the instant contract constitutes a contract for the transportation brokerage of fixed fares, and thus, the Defendant bears the rights and duties of the carrier. In addition, the Defendant failed to perform the incidental duty as a carrier to inform the Plaintiff of the transport schedule, including the time schedule for traffic in the Plaon factory, and the Plaintiff did not properly purchase the cargo insurance for the instant cargo.

B. Therefore, the Defendant is liable to compensate the Plaintiff for damages under Article 135 of the Commercial Act or liability for damages arising from nonperformance of contractual obligations under the instant contract. As of June 15, 2014, the damage incurred by the Plaintiff due to partial loss of the instant cargo was as of KRW 188,245,466,136,532.44.

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