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(영문) 서울남부지방법원 2018.09.18 2017가단256785
구상금
Text

1. The Defendant paid KRW 33,563,084 to the Plaintiff, as well as KRW 5% per annum from July 11, 2017 to December 16, 2017.

Reasons

1. Facts of recognition;

A. On May 26, 2017, the Plaintiff entered into a cargo transport contract with C Co., Ltd. (hereinafter referred to as “instant cargo”) and Boan 737 Aircraft Engine (hereinafter referred to as “instant cargo”) with a view to transporting the instant cargo from Indonesia local maintenance enterprise to C repair in Korea.

B. On June 7, 2017, the instant cargo was loaded in the cargo terminal of a D Company through the Plaintiff’s cooperation company, and arrived at the Incheon Airport Cargo Terminal around 17:10 on June 7, 2017.

C. The Incheon Airport Customs Office ordered the Defendant to transport the instant cargo to the Incheon Airport Customs Inspection Place (hereinafter “Customs Inspection Place”) which is a bonded area (designated storage place) designated as a cargo manager in the course of customs clearance.

On June 7, 2017, the defendant had the E company which entered into a contract of carriage with the defendant take over the freight of this case from the D company at the Incheon Airport Cargo Terminal, and had it transport it to the customs inspection place, and on June 7, 2017, the said freight was brought into the customs inspection place around 21:39 on the same day.

E. However, at the time of entry of the instant cargo into a customs inspection place, screen is discovered from the outside of the cargo, and the Defendant’s person responsible for the management of the E company and the transferee’s book indicating the status of the instant cargo (outboard screen) was prepared.

F. On June 8, 2017, during the process of confirming the shipment of the instant cargo carried out at the customs inspection place around A.M., TAI PL PLG, the edge part of the aircraft engine, discovered external sunset and sludge damage (hereinafter “instant damage”).

G. On November 7, 2017, the Plaintiff paid USD 28,710.5 and USD 1,594,500 as damages for the damage of this case to C, and on the same day, the exchange rate of the U.S. dollars (trade standard) is KRW 1,113.5 won per USD.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, 6's evidence, Gap 5, 6's evidence, Eul 2's evidence, the purport of the whole pleadings.

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