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(영문) 서울중앙지방법원 2018.04.11 2016가단5069358
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. The basic facts

On March 31, 2014, the Daewoo Shipping Co., Ltd. (hereinafter “Treatment Shipbuilding”) and the Defendant entered into a contract of carriage of imported cargoes with respect to the carriage by sea and carriage by air (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Scope of Operation) The treatment shipbuilding shall delegate the carriage of marine cargo and air cargo imported from a foreign country to the defendant.

Article 3 (Definition of Terms) The operation of Article 2 shall mean the international maritime cargo shipping service or international air cargo loading service for the defendant of the imported cargo delegated by the treatment shipbuilding, and may include all business affairs, such as customs clearance, transportation, etc. of the cargo at the request of the treatment shipbuilding.

Article 5 (Terms and Conditions of Maritime Fares) The maritime and air fares shall be applied as follows: the treatment shipbuilding, the contract rates in the separate lots agreed between the defendant and the incidental conditions.

Provided, That if there is a significant factor in the increase or decrease of domestic and foreign maritime fares or air fares during the same contract period, the rate may be changed by agreement between the parties.

§ 7 (Term of Contract) This Agreement shall become effective for a period of one year from April 1, 2014 as of the date of entry into force, and shall be automatically extended on an annual basis, unless both parties raise an objection not later than one month before the expiration of the contract.

Article 11 (Compensation for Damages)

1. When an accident occurs due to the Defendant’s intentional or negligent negligence in handling the cargo from the place of departure to the place of arrival, the Defendant shall compensate the treatment shipbuilding for the full amount of damages suffered by the treatment shipbuilding in accordance with the laws of the Republic of Korea, the relevant terms and conditions of the relevant bill of lading or the terms and conditions of international air freight clause.

(b) The Daewoo Shipbuilding’s system, etc. (h.2408; hereinafter referred to as “L.2408”) from the Lartmanasia BaMosaSAS (hereinafter referred to as “Lartmanas”)

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