(영문) 서울중앙지방법원 2018.05.17 2017나70368

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(영문) 서울중앙지방법원 2018.05.17 2017나70368

구상금

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The court's explanation of this case is identical to the corresponding part of the judgment of the court of first instance except for the following cases. Thus, the court's explanation of this case is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The 7th side of the judgment of the court of first instance shall be as follows.

According to the evidence No. 11 of the General Terms and Conditions of the Insurance Contract of this case (hereinafter “instant exemption clause”), Article 41 subparag. 11 of the General Terms and Conditions of the Insurance Contract of this case (Non-Compensation for Damages) shall be referred to as “instant exemption clause”).

The phrase "liability for damages caused by collisions and contacts between the entrusted cargo" is recognized as having been stated in the following circumstances, which comprehensively reflects the overall contents of the terms and conditions and the entire purport of arguments, i.e., Article 39 of the terms and conditions as to " damages to be compensated" in relation to "the company shall compensate for damages incurred by the insured's burden of legal liability for the entrusted cargo due to an accident occurring during the period of transporting the cargo entrusted to the securities for transportation within the insurance period of the Republic of Korea in the insurance policy, which occurred during the course of transporting the cargo to the securities for the purpose of transportation," and the forepart of the exemption clause of this case significantly increases the risk of an accident compared to the risks disclosed during the ordinary course of transportation if the package of the loaded cargo itself or the incomplete loading of the loaded cargo is improper, and thus, it shall be allowed from the beginning and even if the truster fails to perform his/her duty of care to prevent damage to the cargo:

참조조문

-민사소송법 제420조

유사 판례

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