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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 6, 2013, the Plaintiff entered into an air transport contract requesting the Defendant to pack R.DIE 2.345 goods (hereinafter “instant goods”) in one box to Chinese propaganda public port in Incheon.
(hereinafter “instant transport contract”). B.
The instant cargo was sent to the Incheon Airport on August 6, 2013, and the next month.
7. After arrival in Hong Kong, which is the intermediate port of call, only empty boxes with no content in the cargo terminal, which were transported in the cargo terminal using Belgium consortiums, have been found, and the cargo of this case has not been found until now.
(hereinafter referred to as “instant accident”). 【No dispute exists, entry in Gap 2, 3, and 4 evidence (including each number), Eul 3-1, 2-2 video and the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. The Plaintiff’s assertion that the instant accident occurred in Hong Kong is not caused during the course of carriage by air, and thus does not apply to the Convention on the Unification of Certain Rules for International Carriage by Air (hereinafter “Convention”) for the Unification of Certain Rules for International Carriage by Air.
(1) The relevant terms of the Montreal Convention are as follows:
Article 1 (Scope of Application)
1.This Convention shall apply to all international transport of passengers, baggages or cargo carried on by aircraft for compensation.
This Convention shall also apply to carriages carried out by air transport enterprises without compensation by aircraft.
2.For the purposes of this Convention, international transport means any transport in the territory of two Parties, whether or not there is the suspension or transshipment of the carriage, or, in accordance with an agreement between the Parties, the scheduled port of call agreed as a transport in the territory of a single Party between the places of departure and the places of destination.