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(영문) 부산고등법원 2016.01.28 2014나7179
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons why this part of the basic facts in this court is stated are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for adding evidence Nos. 13, 14, and 27 to the part of the judgment of the court of first instance as stated in Section 5, No. 20, and No. 21 of Article 5 of the judgment of the court of first instance, which read “the defendant Korea Communications Corporation occupies the freight of this case until the present time,” which read “the defendant Korea Communications Corporation occupied the freight of this case, was awarded a successful tender by a third party according to the request for auction by Tae KTA.”

2. The parties' assertion

A. Plaintiff 1) The refusal of the delivery of the instant cargo by Eston for the following reasons is unlawful. As such, Estonians occupied the instant cargo without title from the time of refusal of delivery.

I would like to say.

(1) Although the Plaintiff presented the instant compensation note issued by Daegu Bank and KTC to the captain of the instant vessel prior to the acquisition of the instant bill of lading, the Plaintiff refused to suspend loading and unloading and deliver the instant cargo without any particular reason. Accordingly, Eston did not possess the instant cargo without title.

(2) On September 26, 201, and September 28, 201, the Plaintiff presented the Plaintiff’s letter of compensation under the Plaintiff’s name. This constitutes an offer to request the delivery of the instant cargo without complying with the requirements for delivery under the instant charter contract and sub-chartering terms and conditions, while promising to later deliver the instant bill of lading or compensate for damages, and upon the commencement of loading and unloading work on September 28, 201, Ethton’s consent to the said offer, even though Ethton was liable for the delivery of the instant cargo based on the said letter of compensation, it was to suspend the loading and unloading work for which Ethton had already commenced and refuse to deliver the instant cargo.

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