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(영문) 서울남부지방법원 2017.02.09 2016가단13431
손해배상금
Text

1. The Defendant: USD 70,552.04 in U.S. dollars and its related amounts from August 14, 2015 to February 9, 2017.

Reasons

1. Basic facts

A. The plaintiff is a company that runs the combined freight forwarding business and the marine freight forwarding business, the defendant is a company that operates the ocean-going shipping business and the multimodal transport mediation business.

B. On June 15, 2015, the Plaintiff and the Defendant concluded a voyage charter (hereinafter referred to as the “instant charter contract”) with the content that the Plaintiff charters to the Defendant, a vessel chartered from the Cranchis Shipping Co., Ltd. (hereinafter “Cranchis Shipping”), 5-59 (hereinafter “instant vessel”), and the owner of the vessel, agreed to charter the vessel to the Defendant (hereinafter “instant charter contract”). The main contents of the said contract are as follows:

2) Port of registry: Masan 3) Cargo port in the Republic of Korea: Matar 7) Freight: USD 100,510 in the United States of America (hereinafter referred to as "$100") up to 1,546.390 in accordance with the volume of shipment.

) BT/BT and H/K Cargo shall arrive at the port of loading and unloading as soon as possible. Vessels may load or unload the original bill of lading at port of loading or unloading. (8) Other port of loading or unloading may be permitted. If the original bill of lading is not arrived or the vessel is detained due to delay in preparation/delivery of cargoes, the charterer shall pay the shipper the charge of detention against all actual time loss. The time loss due to the suspension of night work by the convenience of the vessel, play, or charterer shall be considered to be the loss due to detention. The amount of the delayed loss for detention shall be claimed at the amount calculated on the basis of USD 13,00 or hourly rate of time in the United States of America. s) General average and arbitration shall run in Do with the application of Japanese law.

t) All other terms and conditions are the form of GENCON charter (hereinafter “GENCON form”) in 1994.

(C) The vessel at issue arrives at the port of Doha on August 5, 2015, and the Plaintiff gave notice of the completion of the preparation for discharge to the port of Doha on August 5, 2015. The vessel at issue was anchored at the port of Doha on August 15, 2015, while waiting at the port of Doha on August 15, 2015.

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