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(영문) 부산지방법원서부지원 2020.08.19 2019가단107881
손해배상(기)
Text

1. The defendant paid KRW 91,161,849 to the plaintiff and 6% per annum from January 14, 2020 to August 19, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff is a company whose purpose is the export, import, and processing of fishery products, and the defendant is a company with the purpose of transporting cargo using a ship.

B. Around March 2019, the Plaintiff entered into a contract with C (C; hereinafter “Consignee”) on import of four containers for freezing freezing, and the consignor requested the Defendant to transport the said freezing fish.

C. On March 18, 2019, the shipper received four empty containers from the Defendant and sealed them in the said container, and sent them to the container gate in Mar. 19, 2019. On March 19, 2019, the shipper sent them to the D Vessel (hereinafter “instant vessel”). On March 20, 2019, the said container was shipped to the D Vessel (hereinafter “instant vessel”).

On May 22, 2019, the four freezing containers of this case were unloaded at the port of Busan on May 2, 2019, and the three following day were the E factory, and the one container was the freezing warehouse located in Busan F.

E. However, the value of products was lost as products, such as the flow of water and the emission of malodor, etc., caused the freezing rine, which was stored in Busan F (container number: G; hereinafter “this case’s container”).

F. On June 11, 2019, the Busan Regional Food and Drug Administration issued a non-conformity determination as an imported food on the frozen meat of this case, and ordered the Plaintiff to return it to an exporting country or dispose of it.

Accordingly, the Plaintiff disposed of all of the freezing of this case.

G. Meanwhile, the Defendant issued a bill of lading (securities number H; hereinafter “instant bill of lading”) with respect to the transportation of the instant container, and the said bill of lading must be delivered to the holder of the bill of lading in exchange for the bill of lading.

(b).

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