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(영문) 서울중앙지방법원 2016.12.21 2016나47361
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. (1) On June 2014, ELS Electric Co., Ltd. (hereinafter “ls Electric Co., Ltd.”) entered into a contract with the Corpora Electrica Nca NA, (1) to sell to the Corpoctic Cable (AC230KV XLPE) 475,200 kilograms (hereinafter “first Cargo”) at USD 4,79,520, and (2) to reduce the amount of USD 226,60 kilograms (hereinafter “second Cargo”) and to sell to the Corpoctic Cable (AC230K XLPE Ltd.) at USD 26,60 kilograms (hereinafter “the second Cargo”). The first and the second Cargo Co., Ltd. sold the instant Cargo to USD 26,426,406,400 (hereinafter “the instant Cargo”).

(2) In order to secure risks that may arise during the transportation of the instant cargo between the Plaintiff and the Plaintiff, LS Wire entered into a cargo insurance contract with LS Wire with USD 5,279,472 and USD 2,493,084 (hereinafter “instant insurance contract”).

B. The LS cable entered into a contract of carriage was requesting the Defendant to transport the instant cargo.

After the Defendant loaded the instant cargo, on June 20, 2014, the first cargo starts from China's upper right port (Sanghai) and around August 2014, the Defendant transported the instant cargo to Benenaelel LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLS, and delivered it to the final consignee.

C. (1) In the course of transporting the instant cargo, the Defendant completely destroyed 1,620 m32,400 m3 out of the primary cargo, and Powable 510m, 10,300 m3 out of the secondary cargo was completely damaged, and the value of the damaged cargo is USD 460,260 ($ 357,240 m357,240 + 103,020 m3).

(2) On February 16, 2015, the Plaintiff paid USD 503,286 to ls Electric Cable as insurance money for the damage of the instant cargo in accordance with the instant insurance contract.

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