(영문) 서울고등법원 2020.10.21 2018나9854 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2020.10.21 2018나9854

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

The following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the respective descriptions of Gap 1, 2, and 4 through 10 and the whole purport of the arguments.

The plaintiff is a legal entity that runs the maritime transport business, and the defendant is a legal entity located in Japan that performs duties such as quality improvement, research, and development of timber.

1) The Plaintiff issued the instant bill of lading 1) 20 feet container 20 feet container 1 (hereinafter “instant cargo”) with the co-defendants of the first instance trial and 26 g (14,026 g).

(2) On December 29, 2014, the Plaintiff entered into a contract for transporting the instant cargo to the Port of Japan at the Port of Dunan (hereinafter “instant B/L”) with the co-defendants of the first instance trial, the consignee, and the notifying party, respectively, issued the B/L (hereinafter “instant B/L”).

The main contents of the instant bill of lading are as follows.

The bill of lading No. 1: F Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of Port of port of Port of Port of port of Port of Port of Port of Port of Port of Transport to CY in terms of transport of port of port of port of port of port of port of port of port of port of port of port of port of port.

Goods: The method of payment of freight for D (one container for 20 feet) : Prepaid (Fright Pounded) : The date of issue on December 29, 2014: the date of issue on December 29, 2014: the main contents of the terms and conditions are as follows.

1. Subject to the receipt of this bill of lading, the shipper, shipper, consignee, and bill of lading holder agree to all the provisions, exceptions and conditions explicitly stated or stamped in this bill of lading to the same extent as they have been directly signed by the shipper, shipper, consignee, and/or holder.

No agency may waive any provision of this Section.

As evidence of this, the vessel.

유사 판례

-서울중앙지방법원 2019.02.01 2018가합526703

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-서울남부지방법원 2016.12.15 2016가단211082

-부산지방법원 2014.07.10 2013가합1429

-대법원 2003. 5. 13. 선고 2001다58283 판결