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(영문) 서울중앙지방법원 2017.12.20 2017가단36381
손해배상(기)
Text

1. The Defendant shall pay 68,00 U.S. dollars to the Plaintiff at the rate of 15% per annum from May 3, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a domestic corporation that runs trade business and trade agency business, and the Defendant is a Belgium corporation that runs maritime transportation business, etc., as the owner of the "Felo Lake (M.V. Qia, hereinafter "the instant vessel")" vessel shipped in Belgium.

B. On or around July 8, 2016, the Plaintiff is called the Plaintiff, a Japanese corporation, as the “Nei Ykuhin Kogyo Co., Ltd., Ltd.” (hereinafter referred to as the “foreign corporation”).

3,00 tons or less of 3,000 tons or less for the Cargo of this case.

(CIF Terms and Conditions refer to the terms and conditions of the transaction under which the seller has entered into a customs clearance for export and the shipment of the goods on the ship at the port of registry at the port of registry upon completion of the customs clearance by the seller, and the risk of the goods will be transferred to the buyer. (c) The seller will be transferred to the buyer.

On July 13, 2016, the Defendant requested the Plaintiff to transport the instant cargo, and loaded the instant cargo to the instant vessel at the luminous port.

On July 13, 2016, the instant vessel arrived at the Port of Boico in Japan on July 23, 2016, and the instant cargo was unloaded from July 26 to 28, 2016. The first day of the loading and unloading discovered that there was water in the middle floor of the instant cargo.

hereinafter referred to as the "accident" that occurred in the Cargo of this case is called as the "accident of this case".

(D) On the part of Samsung Fire and Marine Insurance Co., Ltd., the insurer of the non-party company, requested an investigation into damage of the instant cargo from the Plaintiff, Samsung Fire and Marine Insurance Co., Ltd., which was the insurer of the non-party company, on the part of the Plaintiff, the Plaintiff: (a) conducted an investigation into damage of the instant cargo on August 18, 2016; and (b) submitted a verification report with the following content to the non-party company:

Exceptional circumstances of cargo: 1,500 tons.

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