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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The New York Co., Ltd. (hereinafter “import”), located in Jung-gu Seoul Central District Co., Ltd. (hereinafter “OCI”), imported three electric voltages (one serial number k05-5, K0598-5-23, K05985-29, and hereinafter “the seller”) in sequence from the GT Solar Co., Ltd. (hereinafter “GT Solar Co., Ltd.”) located in the United States, in order to import each of the instant cargo, USD 1,2, and three cargo (1,060,000 + USD 380,000 + KRW 3,000,000 + KRW 380,000) under the condition that they will be delivered to the carrier (FCA and the seller will bear the risk of import as the cost of delivery of the goods exported to the carrier at the place designated by the buyer until the customs clearance is concluded).
B. The Defendant is a company established for the purpose of “marine cargo transportation brokerage business, transportation business, etc.,” and requested the transportation of the instant cargo to the customer IES S U.S. S Logist Corp. (hereinafter “Transaction 1”) and the personal personal string presses (hereinafter “Transaction 2”) in the U.S. at the request of the importer, and the customer 1 and 2 were delivered each of the instant cargo from the seller.
From September 27, 2010, around May 24, 2011, around June 7, 2011, of the date of the third cargo of the second cargo of the cargo and container 1:
C. Each of the instant cargoes was destroyed by the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) to take charge of marine transportation, and while working at the cargo terminal located in the said New York for shipment, the Defendant suffered an accident that is destroyed by a workman’s loading, unloading, transportation, machinery (stracarrier), operation, etc. on the ground during the movement process as listed below (hereinafter “each of the instant accidents”).
As the cargo of this case was damaged due to each accident of this case, the auxiliary intervenor did not issue the bill of lading, and the damaged cargo shall be softened in the U.S. and shall be a Bosch Rexroth.