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(영문) 인천지방법원 2019.11.05 2017나1509
구상금 및 손해배상
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a company running freight forwarding business, and the defendant is a person running freight forwarding business using a truck.

B. On March 3, 2016, the Plaintiff: (a) was entrusted by C with the transportation of the co-days used for automobile parts, etc. (hereinafter “instant cargo”); and (b) concluded a transportation contract with the Defendant to transport the instant cargo to F in Yangsan-si E from a stock company located in Namdong-gu, Incheon, Nam-gu, to F in Yangsan-si.

C. On March 3, 2016, at around 18:00, the Defendant started driving the instant cargo loaded in the form of scambling at C, a company located in Nam-gu Incheon Metropolitan City, Nam-gu, and the same month.

4. At around 06:48, Ulsan-si, U.S., U.S., U.S., Sinsan-si, via a literaturetol set in the Scelebari-si, U.S., Sinsan-si, 08:00 on the same day, and unloaded the cargo.

The instant cargo was exposed to some rain during the Defendant’s transport, and was broom off to the part of the package of the said cargo.

E. After the completion of the lower car of the instant cargo, F Co., Ltd. known the Plaintiff that “the instant cargo may incur damage due to the loss.” On March 4, 2016, the Plaintiff sent to the Defendant a photograph that was boomed out on the package of the instant cargo, and then sent the Defendant a text book stating that “on March 4, 2016, the Plaintiff will be able to confirm the inundation of the instant cargo,” at around 10:02 on the same day, and at around 10:03 on the same day, the Plaintiff sent a text book stating that “I can check how much it is possible to use.”

F. On March 7, 2016, F, while keeping the instant cargo, determined that the said cargo could not be used due to melting the entire volume of the cargo as a result of the removal of a large package of the said cargo.

G. On March 15, 2016, C demanded that the Plaintiff KRW 14,892,030 for compensation for damage incurred from the total loss of the instant cargo, and the Plaintiff on March 29, 2016.

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