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(영문) 서울중앙지방법원 2017.01.10 2016가단5091430
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On March 20, 2012, the Plaintiff is an insurer who entered into an international cargo transport liability insurance contract with the same global and insurance coverage period from March 23, 2011 to March 23, 2012, with the insured amount of insurance coverage at KRW 100 million.

B. The Defendant B was engaged in the packing business of the boxes for export with the trade name “C”, and the Defendant A was transferred from the Defendant B after the accident to be seen below.

B. On January 12, 2012, the East Global, which caused the accident, was entrusted with all of the international maritime transport and the international maritime transport from the same industry machinery, the consignor, to the domestic land transport and the Chinese upper limit, including packaging, with respect to one set of press machine (4 packages, 10,600km; hereinafter “instant cargo”).

The East Global requested Defendant B to pack the instant cargo.

On January 5, 2012, Defendant B performed the packing work of the instant cargo at a factory in Osan-si where the instant cargo exists.

Since then, the instant cargo was transported to Pyeongtaek Port on January 6, 2012 by the carrier who was requested from the East Global, and was transported to the upper port on January 15, 2012 after the container was loaded and loaded.

However, as a result of the verification at the upper and lower port CFS (the place where the cargo is loaded and unloaded in a container), the cargo of this case was found and was not loaded and returned to the Republic of Korea.

C. On January 24, 2013, the Plaintiff paid insurance proceeds of KRW 29,532,890 to the same industry machinery, the consignor, for the East Global, in accordance with the instant insurance contract.

[Ground of recognition] Unsatisfy, Gap 1-10 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion on the cause of the claim is a standard exceeding the height of 20 feet containers, and thus, is located in a very high-centered place.

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