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(영문) 서울남부지방법원 2016.05.24 2015가단36192
구상금
Text

1. The Defendant’s KRW 5,173,344 as well as the Plaintiff’s annual rate from July 28, 2015 to May 24, 2016.

Reasons

1. Facts of recognition;

A. On July 12, 2012, the Defendant entered into a marine transportation contract (hereinafter “instant transportation contract”) with a tax owner, a marine carrier, to transport live fish cars (A; hereinafter “instant freight cars”) owned by the Defendant from Jeju to Busan Port (hereinafter “instant transportation contract”).

B. According to the instant transport contract, a fire, which appears to have been generated from an electric power exhauster in the engine room of the said cargo vehicle (hereinafter “instant fire”) around July 12, 2012, when the instant cargo vehicle was transported from the Jeju Port via the Sejong Sea, a chinesian Ship (hereinafter “instant vessel”), and the cargo that was loaded on the said vessel was damaged due to the said fire.

C. The Plaintiff concluded a maritime cargo insurance contract (hereinafter “instant insurance contract”) with three weeks, three weeks as a policyholder, and three weeks as the insured with respect to the loss, damage, etc. of the cargo as an insured event by making the parties to the instant marine transportation contract as the insured.

Under the instant insurance contract, the Plaintiff paid total of KRW 78,819,064 to the owners of the freight damaged by the instant fire prior to the instant lawsuit.

(Detailed payment details are as stated in the details of payment of insurance money in the annexed sheet). [The grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 7, and 11, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The plaintiff's assertion 1) The fire of this case occurred due to the defect in the installation or preservation of the freight truck of this case. The defendant is obligated to pay the plaintiff the indemnity amount of KRW 78,819,064 and the delay damages amount of the damage amount of the damage claim that the damaged owner as the possessor or owner of the freight of this case acquired by subrogation of the damage claim against the defendant. 2) The defendant's assertion is installed in the freight truck of this case.

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