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(영문) 서울고등법원 2016.01.12 2015나2020221
손해배상
Text

1. Of the judgment of the court of first instance, KRW 62,940,116 against the Plaintiff and its related thereto from January 18, 2014 to January 12, 2016.

Reasons

1. As to this part of the facts of recognition, the corresponding part of the reasons for the judgment of the first instance (from 3 to 7 pages 2 below) shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, according to the judgment of the first instance court 2, the "Hamco" in the following 3 parallels was removed from "Hamco Coco Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co., and the end of the first instance court 4, 12, the defendant's employee selected the "Ok" in the course of requesting transportation through the eb-Boring system.

2. The parties' assertion

A. Plaintiff 1) With respect to the automation equipment of this case, the Defendant: (a) had a carrier responsible for the transportation of this case from the Plaintiff’s factory to the date of actual delivery, and had the consignee take charge of the transportation obligation to the destination without any damage; (b) had the carrier take charge of the transportation obligation to transport the freight of this case in bad faith, notwithstanding the contractual obligation to transport the freight of this case to the destination. Furthermore, the Defendant failed to take due care of the Plaintiff’s failure to take proper custody measures to prevent the consignee from carrying the freight of this case on decks without the Plaintiff’s consent; and (c) at the port of arrival, the Defendant caused the accident of this case and expanded the damage therefrom; (d) even if the Defendant cannot be deemed a carrier even if the Defendant cannot be deemed a carrier due to the damage of the freight of this case, the Defendant is liable to compensate the Plaintiff due to the conclusion of the transportation contract as the transportation broker and the receipt and custody of the freight of this case; and (e) did not comply with the Plaintiff’s duty of care.

3. In addition, the defendant shall take account of the cargo of this case into account without the plaintiff's consent.

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