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(영문) 서울중앙지방법원 2016.09.21 2015가단157352
구상금
Text

1. The Defendant’s KRW 49,48,489 as well as the Plaintiff’s KRW 6% per annum from January 7, 2015 to September 24, 2015, and the following.

Reasons

1. Basic facts

A. On August 2014, Samjin Globalnet Co., Ltd. (hereinafter “Nonindicted Company”) agreed to export to USD 53,464.20, a total of 1,522 Korean yellow money (hereinafter “instant Cargo”) to the Wang Glbalnet (hereinafter “instant import company”) located in the United States of America (hereinafter “instant import company”).

B. At that time, in order to send the instant cargo to the importer, the non-party company requested the Defendant to transport the instant cargo from the port of the Republic of Korea to the warehouse of the imported company of this case located on the surface of the State of California (U.S.) from the port of the Republic of Korea to the port of the Republic of Korea (hereinafter “the instant contract of carriage”). On August 30, 2014, the Defendant issued a bill of lading on the instant cargo. The said bill of lading contains the phrase “if there is no particular indication in the securities, the cargo is included below, and the cargo was shipped in the external condition of the container or package, and the phrase “SHIPPS LADD COT” and so-called “SPD COT”.

C. On the other hand, on August 29, 2014, between the Plaintiff and Nonparty Company entered into a cargo insurance contract (hereinafter “instant insurance contract”) with Nonparty Company and the insured amount as USD 58,810.62 equivalent to USD 53,464.20, equivalent to USD 110.62.

On August 30, 2014, the Defendant: (a) on August 30, 2014, the instant cargo from the said Busan Port OZuu

v. The shipment was made in 003E, and the No. S.M. departing from the above Busan Port on the 31st of the same month for the same year.

9. 15. The cargo of this case arrived at the port of the Austria, and arrived at the warehouse of the importer of this case, which is the final destination of the 29th of the same month.

E. The freight of this case is upon arrival.

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