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(영문) 서울고등법원 2016.10.07 2015나2050628
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is written or added as follows. Thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

The second sentence of the first instance court shall be the first one.

The parts described in the “Treatment Sea Lighting” shall be described in each paragraph as “Treatment Sea”.

The second decision of the first instance shall be made in 1-B.

The first line is to add the phrase “as of March 12, 2013” to the phrase “as of March 12, 2013,” the first line is to add the phrase “A” as of March 31, 2013, to the phrase “A contract between the Daewoo Shipbuilding and the Sea to transport the instant cargo to the port of Busan.”

The fourth [Reasons for Recognition] of the first instance court’s judgment is added to “Evidence 10 of the Evidence 8-1 and 2 of the Evidence 8 of the first instance court’s judgment.”

2. The parties' assertion

A. The plaintiff's assertion (1) The defendant is liable to compensate for damages, and the defendant is obligated to safely transport the cargo of this case as the carrier who has been requested to transport the cargo of this case from the treatment shipbuilding sea.

Nevertheless, the Defendant failed to fulfill its duty of care, such as putting the FR container into the container by placing the cargo in the container, and compelling transport by force without examining the condition of the cargo in yellowcheon.

The defendant's breach of the above duty of care caused damage to the sea as the cargo was damaged, so the defendant is liable to compensate for the damage to the sea for the non-performance of obligation under the contract of carriage.

(2) The insurer’s subrogated Plaintiff, as the insurer of the Daewoo Shipbuilding’s sea, paid insurance money for the damage incurred by the instant accident to the Daewoo Shipbuilding’s sea, and acquired the damage claim against the Defendant in accordance with Article 682 of the Commercial Act, and the Defendant shall, to the extent possible, pay KRW 241,472,672 to the Plaintiff.

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