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(영문) 서울중앙지방법원 2017.11.07 2016가단5102743
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Paragraph (1) of the first freight import contract, etc. of this case (hereinafter “Korean BranchM”) is a condition under which the seller bears all the costs and risks until the seller delivers the goods to the carrier designated by the buyer at the place designated by the buyer (FAC: Frererier) under the condition that the seller bears the responsibility to deliver the goods by delivering the goods to the carrier at the place designated by the buyer.

was imported as such.

(2) On September 27, 2014, the instant 1 shipment was transported to the location of the chain’s container cargo shop (hereinafter “instant cargo shop”), which is a subsidiary of the Dianel Group located in the Roundel Group, di U.S. (hereinafter “instant cargo shop”). Dian Mexico issued a multimodal transport bill (Evidence A2) stating the Defendant.

After October 26, 2014, the cargo was transported to the Canadian Convention Port, and the cargo was returned to the Canadian Vessel again.

(3) On November 10, 2014, the above vessel arrived at the port of Busan, and on November 11, 2014, the above cargo was transported to the port of Korea-U.S. container cargo site located in Changwon-si. On November 11, 2014, it was found that some of the cargo was damaged during the process of opening and unloading the above cargo.

(2) On June 11, 2015, the Plaintiff entered into a cargo insurance contract with the Korea Development Bank (hereinafter “instant No. 1”) to ensure the risk of damage that may occur while transporting and storing the instant 1 shipment, and paid KRW 62,323,530 of the insurance proceeds to the Korea Development Bank (hereinafter “instant No. 1 shipment”).

B. (1) The instant 2 shipment import contract, etc. (1) The 2nd shipment contract, etc. in Korea case is the case where 3 boxes of automobile parts and 3,750 kg or less from the Nickel located in the United States.

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