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(영문) 서울중앙지방법원 2017.08.18 2016나82371
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is written or added as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Two pages 3 of the judgment of the first instance court (hereinafter referred to as the “instant cargo transport vehicle”) shall be deleted from the part written or added.

Part 3, 14 of the judgment of the first instance court, "the cargo of this case" shall be applied to "the cargo of this case".

The following shall be added to the fourth five pages of the decision of the first instance.

As to the damage of the cargo of this case, the examination report prepared at Oga local level of Oga stated that the cargo of this case remains a large number of sludges on the container surface on which the cargo of this case was loaded, and thereby malodor was generated in the kimchi package box. If so, the consignee appears to refuse the receipt of the cargo of this case on the ground of the bad odor malodor in the package without confirming the deterioration of Kimchi itself, and it is difficult to conclude that Defendant Youngjin Transportation, the carrier of this case, is obliged to check the inside of the container on which the cargo of this case was loaded and remove the biochemicals, etc. and take the duty to clean the cargo of this case on the basis of the bad odor, etc., the consignee of this case on the ground that the cargo of this case was released from the package, and it is not sufficient to recognize it as a result of the fact-finding on the World Kimchi Research Institute and the guardian of Kimchi Co., Ltd. of this case."

3. In conclusion, the judgment of the court of first instance is legitimate, and all appeals against the Defendants by the Plaintiff are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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