logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.25 2016가단5211586
손해배상
Text

1. The Defendant’s KRW 64,122,00 for the Plaintiff and 6% per annum from September 21, 2016 to October 25, 2017.

Reasons

1. Basic facts

A. On August 2015, the Plaintiff entered into a contract to purchase “C” (C.; hereinafter only referred to as “C”) and “C” (COPRE 20,000 g; hereinafter referred to as “instant cargo”) sold by C to Japan at 12,896,000 UN (US$ 104,000).

B. At that time, C requested the Defendant to transport the instant cargo from the New River (XINGG) to the Japanese YOHAMA, and around August 2016, C loaded and sealed the instant cargo into the container owned by the Defendant (container number D; hereinafter “instant container”).

[Seal Nber: E]. (c)

On August 30, 2015, the instant container was loaded at the New River Port on August 30, 2015, and arrived at the Hacama on September 7, 2015, and the Defendant gave notice of arrival to the Plaintiff (Arrival).

On the other hand, with respect to the instant cargo on August 30, 2015, the Defendant issued a bill of lading as stated in C, consignee and notice office: (a) the Plaintiff; (b) the port of discharge; (c) the port of discharge; (d) the port of loading; (e) the particulars of the cargo; 9.95% (COPERWRE 99.95%); (c) the total weight is 20t (20,000 kilograms); (d) the container number is d and the seal number is e.

E. After that, the Plaintiff inspected the instant container at the bonded warehouse in Hacoa to receive and accept the instant cargo. As a result, it was found that the seal number of the instant container was changed from the original E to F, and the cargo loaded in the instant container was also included in the Mail, not in the COPPERWI.

[Based on recognition] Gap evidence Nos. 1 through 3 (including the number of pages), Eul evidence No. 5-3, and the purport of the whole pleadings

2. The defense prior to the merits and the judgment thereon

A. The Defendant’s defense prior to the merits against the Defendant, the carrier.

arrow