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(영문) 서울중앙지방법원 2016.04.22 2015가합525327
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a Japanese legal entity operating a railroad, marine transportation, warehouse business, etc., and Defendant National Security Shipping Co., Ltd. (hereinafter “Defendant National Security Shipping”) is a Korean legal entity that runs a cargo transportation business, land transportation business, etc., and Defendant Multilater Co., Ltd. (hereinafter “Defendant Multilater”) is a Korean legal entity that operates a cargo transportation business, cargo transportation brokerage business, etc.

B. On August 23, 2011, the Plaintiff: (a) was entrusted with the instant cargo from the Port of Japan to the Port of the Republic of Korea with the marine transportation of the Republic of Korea and the land transportation of the cargo from the port of Busan to Pyeongtaek-si; and (b) around that time, the Plaintiff requested Defendant National Shipping and National Logistics Co., Ltd. (hereinafter “State Logistics”) to the land transportation of the instant cargo stored in a freezing container from the port of Busan to the port of Pyeongtaek-si, which is used as a semiconductor-rating agent for semiconductor production (hereinafter “instant cargo”); and (c) requested Defendant State Shipping and National Logistics Co., Ltd. (hereinafter “State Logistics”).

C. On the other hand, on August 1, 201, Defendant National Security Shipping and National Security entered into a contract of carriage of cargo with the Grand Global Industries Co., Ltd. (hereinafter “Large Global Industries Co., Ltd.”). On the other hand, Defendant National Security and National Security entered into a contract of carriage of cargo with the Grand Global Industries that the National Security and National Logistics agreed to engage in the freight forwarding. D.

The frozen container in which the instant cargo was stored was loaded at the port of Japan and arrived at the port of Busan on August 24, 201, and around 06:00 on August 29, 201, which was loaded on the frozen container truck operated by A, a driver affiliated with Taeung Global Co., Ltd. and delivered to the consignee. However, during the transport, approximately KRW 3,264 km out of the instant cargo was destroyed and discarded.

E. In the case of the cargo insurance company, the cargo insurance company of the instant case, the Symtotoma Marine Fire Insurance Co., Ltd., Dora, paid to Dora with the insurance money of KRW 89,042,394 United Nations for Japan.

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