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(영문) 서울중앙지방법원 2015.01.20 2014가단79608
격락손해대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 2013, the Plaintiff entered into an import contract (hereinafter “instant sales contract”) with the North America GOD FAO TTRAD ADING COMPPNY (hereinafter “G.F.T.”). On the other hand, the Plaintiff entered into an import contract with the North America-U.S. Doel L 1,832CC CY 200 (hereinafter “instant Oba”).

B. Around January 2013, G.F.T entered into a transportation contract with PAC MARINE EXRES LOLIS (hereinafter “P.M.E. LOGIS”) on the part of the United States to the Republic of Korea (hereinafter “instant transportation contract”).

C. P.M.E. LOGIS caused an accident that damages the air bags, airbags, etc. of the instant Oba while transporting the instant Oba in accordance with the instant transportation contract (hereinafter “instant accident”). D.

P.M.E. The Defendant is a company that carries out all administrative affairs required for the domestic entry and shipment of cargo sent by LOGISS, and was in charge of the procedures for the Plaintiff to receive the instant OCOs.

E. On February 22, 2013, the Plaintiff was handed over the instant Obane.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff asserts that the defendant's negligence on the part of the defendant who neglected his duty of care during the marine transport of the Oral Ba in this case and sought compensation of KRW 25,287,421 as a result of such negligence against the defendant. The defendant asserts that the lawsuit in this case is unlawful because the exclusion period expires.

B. The judgment was examined, the carrier’s claims and obligations against the consignor or consignee, regardless of the cause of the claims, shall cease to exist unless a judicial claim is made within one year from the date on which the carrier delivers the cargo to the consignee or from the date of delivery (see Article 814 of the Commercial Act).

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