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(영문) 서울남부지방법원 2015.09.18 2014가합108097
철근인도 등
Text

1. Defendant ice Industry Co., Ltd. shall pay to the Plaintiff KRW 1,134,075,830 and its full payment from August 22, 2014.

Reasons

1. Basic facts

A. Defendant ice Industry Co., Ltd. (hereinafter “Defendant ice Industry”) 1 on September 2013, 2013: (a) Defendant ice Industry entered into an import contract for the first place of business; and (b) Defendant ice Industry, on September 1, 2013, as a Chinese company, under NING NINGNHININGAL ATRC; and (c) Defendant ice Industry, hereinafter referred to as “learning aviation”).

(A) From 1,99.042 tons (i.e., steel bars 1,99.02 tons (i.e., standard 13M x 8M 69.06 tons in steel bars 69.06 tons x 8M x 199.52 tons in steel bars 49.968 tons in steel bars 499.968 tons x 8M x 500.494 tons in steel bars 500.494 tons) in steel bars 49.968 tons in steel bars 49.968 tons (hereinafter referred to as “one steel bars import contract”), and the subject matter of the import contract is “one steel bars”.

(2) The defendant ice industry entered into a shipbuilding agreement and the first binding import agreement with the independent party intervenor to pay the price in accordance with the letter of credit issued by the independent party intervenor. The defendant ice industry clearly stated the condition of "CFR CR CQD" in relation to the freight. Here, "CFR" means the condition under which the exporter pays the cost and the freight necessary to transport the goods to the port of destination, but the importer bears the risk of loss and damage to the goods arising from the case after passing through the main rail of the port of registry, and "FO" means the condition under which the consignee, other than the carrier, bears the cost of loading and unloading at the port of loading and unloading at the port of destination, and "CPDDDDP" means the condition under which the consignee, who is not the carrier, bears the cost of loading and unloading at the port of registry, as soon as possible in accordance with the customary ability of loading and unloading.

3) The Rounding is a maritime carrier of this case (RICH MARINE SHIPPIN COD; hereinafter “the instant maritime carrier”).

B) The maritime carrier of the instant case entered into a maritime transport contract with the first place of steel to the Incheon port in China. B. The maritime carrier of the instant case, regarding the first place of steel, including the issuance of the bill of lading and the issuance of the letter of credit by an independent party intervenor.

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