logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.11 2017가합560034
사무관리비용상환 등 청구의 소
Text

1. All of the plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties, Plaintiff A and Plaintiff B are insurance companies established under the laws of the United States, and Plaintiff C and Plaintiff D are insurance companies established under the laws of the United States.

The defendant is a bankruptcy trustee of the bankrupt debtor corporation E (hereinafter referred to as "E") established under the laws of the Republic of Korea for the purpose of marine transportation, etc.

B. The rehabilitation procedures and bankruptcy procedures for E were decided on September 1, 2016 by Seoul Central District Court 2016 Gohap10211 and G was appointed as a custodian.

Since February 2, 2017, E received a decision to discontinue the rehabilitation procedure and the rehabilitation procedure was abolished.

E was declared bankrupt on February 17, 2017 by Seoul Central District Court 2017Hahap15, and the defendant was appointed as bankruptcy trustee, and the bankruptcy procedure is currently in progress.

C. The commencement of the instant rehabilitation procedure and the occurrence of the suspension of transport as a result, E decided to enter into a maritime cargo transport contract with multiple foreign shippers including Horp., and the shipping of the cargo as requested by the shippers. However, upon the commencement of the rehabilitation procedure for E on September 1, 2016, E’s vessel and container were suspended worldwide, and E’s vessel and container were detained at the world’s respective places, or the cargo was left unattended at a place other than the scheduled destination.

(hereinafter “instant suspension of carriage.” The owner of the said goods recovered their abandoned cargo and requested another vessel transporter to transport it, and the other vessel transporter transported the said cargo to the scheduled destination.

During such process, shippers paid the cost of substitute transport to other vessel carriers, storage of the cargo left alone, transshipment cost to transfer the cargo to a substitute transport vessel, etc. (hereinafter “instant cost”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 169, and Eul evidence 1 to 3 respectively.

arrow