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(영문) 광주지방법원 2020.12.09 2020나50842
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. On February 27, 2018, the Plaintiff entered into a contract with C Co., Ltd. located in Pyeongtaek-si (hereinafter referred to as “C”) to install waste recycling business facilities for the construction cost of KRW 5,445,00,000 (including value added tax) and until August 30, 2018, setting the construction period of KRW 5,445,00,000 (including value added tax) as 0.1% of the contract amount per day per delay delay to the maximum of 10%, and entered into a contract for modification on September 14, 2018, with the content that the said construction period changed by October 31, 2018.

(hereinafter “instant contract”). In order to install waste recycling business facilities under the instant contract, the Plaintiff purchased the instant goods on the terms of FAC (the carrier) and EXW (factory delivery) upon requesting the production of pulver and pule (hereinafter “instant cargo”).

After completing the tallying of the instant cargo, E, a German subcontractor, requested the F German corporation (hereinafter referred to as “F”) to transport land and sea in Germany.

At the F’s request for carriage, the instant cargo was shipped to Gratian vessel at the Gratian port, and arrived at Nratnam H on September 26, 2018.

F issued, with respect to the instant cargo, a cargo bill of lading with the consignor F, the consignee, the plaintiff, the notice address, the plaintiff, and the crowdfunding agency as the defendant, and G, the actual carrier, at the time of the shipment of the instant cargo, G, the consignor F, the consignee, and the consignee, issued the Master B/L as the defendant.

The Defendant, as a domestic partner company of F, received e-mail from F, August 7, 2018 on the shipment date and the scheduled arrival date of the vessel, etc., and received the transport-related documents, such as the Lice B/L, on August 20, 2018, and delivered them to the Plaintiff.

On September 28, 2018, I Co., Ltd. (hereinafter “I”) refers to I, at the request of the Defendant, in order to recover the instant cargo, a container loaded with the instant cargo from H terminal to H H terminal, located in H East Hachie Complex.

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