(영문) 수원지방법원 성남지원 2018.11.02 2018가단700

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(영문) 수원지방법원 성남지원 2018.11.02 2018가단700

손해배상(기)

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1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

- On October 22, 2014, C (hereinafter “C”) entered into a contract with the Defendant to supply at least 400 tons of refining fuel oil (Heavy PyrosisOil) by means of delivery to Busan port (hereinafter “instant contract”).

- C leased containers from the Plaintiff to transport refined fuel oil to the Defendant under the instant contract.

- The Plaintiff loaded the refined fuel oil supplied by C in the ship, and issued a bill of lading related to the transport of refined fuel oil under the instant contract from April 19, 2015 to May 16, 2016, and delivered it to C to the consignor. The main contents are as follows.

A consignor: Defendant Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Busan - C of Port of Port of Port of

On April 18, 2016, Pursuant to the instant contract, the Busan Customs Office conducted a component inspection on refined fuel oil entered into the port of Busan on April 18, 2016, and notified the Defendant of this decision on May 24, 2016.

- The vessels which loaded refined fuel oil according to the above bill of lading issued by the Plaintiff arrive at the port of Busan (the date of arrival of the last vessel: June 2, 2016), but the Defendant could not receive refined fuel oil shipped to some vessels according to the decision of rejection of customs clearance at the Busan Customs office, and the Defendant sold refined fuel oil to Malaysia.

[Ground of appeal] The plaintiff's ground of appeal is without dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 and Eul's evidence Nos. 1 (including the main number; hereinafter the same shall apply), and the purport of the plaintiff's claim as a whole, the plaintiff transported the freight of this case to Busan port according to the contract of carriage concluded with C. The plaintiff's transport of the freight of this case to Busan port without the consignee's acceptance of the freight, and the total of delay charges for storage of the container

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