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(영문) 서울중앙지방법원 2018.11.02 2017가단24753
손해배상금
Text

1. The Defendant: 6% per annum from September 9, 2014 to November 2, 2018, and the Plaintiff’s oil 79,707.55 oil and its related oil.

Reasons

1. The Defendant (the trade name at the time was “CFR,” and the change was made as of March 14, 2016) had no dispute with the Defendant (the trade name was “CFR,” and as of March 14, 2016, changed as of March 14, 2013) bears the responsibility for the freight charges only until the shipment of the freight, for an amount equivalent to 66 to 579.81 ton of the price content (hereinafter “instant Co., Ltd”) between the Spain CFR, a company located in the Spanish State, and the Spain CFR, a company located in the Spanish State (hereinafter “Span”);

the export contract of this case (hereinafter referred to as “instant export contract”) was entered into.

The non-party company concluded a cargo insurance contract with the Plaintiff, an insurance company located in the Spanish State, covering the insurance period from October 17, 2013 to October 17, 2014, covering risks in the course of marine transportation of the instant Co., Ltd.

(hereinafter “instant insurance contract”). The Defendant entered the instant co-days into the container in accordance with the instant export contract, and shipped the instant co-days into the ship of skyk bank 1404, which was provided by the maritime carrier, Daewoosung Co., Ltd., at the Chinese port, and the said ship entered the port of Skykymna, the destination of which was the Skymna, on February 27, 2014, and arrived at the port of Skymna, the destination of which was the destination around April 2014.

The non-party company received 66 co-dayss of this case at the port of arrival and confirmed that 33 co-days were damaged, and claimed the plaintiff to pay the insurance money.

On August 2014, the Plaintiff paid the insurance amount claimed by the non-party company 79,707.55 (12,57.93, 32,121.57) and filed a claim for damages equivalent to the insurance amount paid by the Plaintiff on September 9, 2014, by notifying the Defendant of such fact.

2. The assertion and judgment

A. According to each description and image of Gap evidence Nos. 3, 6, 7, and Eul evidence Nos. 1 (including paper numbers), the co-days of this case was loaded in and transported by containers.

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