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(영문) 서울중앙지방법원 2015.08.21 2014가합522550
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (former trade name was ELA damage insurance company, but changed to its trade name as of June 24, 2014 and changed to its trade name on June 26, 2014) concluded a cargo insurance contract for the instant cargo, which was imported between the corporation operating non-life insurance business, such as marine insurance, and the Daewoo Ocean Co., Ltd. (hereinafter “Treatment Sea”) and the Daewoo Ocean Co., Ltd. (hereinafter “Treatment Sea”), as seen below, as regards the instant cargo.

(A) Evidence No. 4.2

The treatment-line sea concluded a contract to import the freight (a total of 130 U.S. dollars, hereinafter "the freight of this case") equivalent to 388,000 U.S. dollars from Wuxi Qylian Wusocer Tleliy Co. Ltd. Ltd (hereinafter "the freight consignor of this case") and Mincing Housing 10 U.S. dollars from the Tuxi Quolian Wulost (hereinafter "the freight consignor of this case") under the FOB condition (the delivery condition of this case").

(A) Evidence Nos. 1, 2, 1.c.

On April 5, 2013, the Defendant issued a bill of lading (hereinafter “instant bill of lading”) with the content that the instant cargo was loaded under the GHAO QING HE, a container transport vessel owned by Bal Container Ltd (hereinafter “instant vessel”).

(A) No. 3. D.

The cargo of this case was entered into the 4th unit and Dry container (referring to a container in the form of Dry Container and a general box; hereinafter referred to as “Dry container”) by dividing into the two parts, 4th unit and dry container (referring to a container in the form of Dry Container and general box; hereinafter referred to as “Dry container”), and among which FR container 2 and Dry container 2 were loaded on deck, and the remaining FR container 2 were loaded inside the line below the deck of the instant vessel.

less than 100 .2 FR containers loaded on deck.

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