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(영문) 서울남부지방법원 2020.10.16 2019나69290
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On February 20, 2015, the Plaintiff entered into a contract on the shipowner’s liability mutual aid with C Co., Ltd. (hereinafter “C”) to set the period of mutual aid from 00:00 to 21:00 on February 20, 2016 to KRW 50,000,000 as a company engaging in mutual aid business against a disaster that occurs in the course of its members’ business performance.

B. D Co., Ltd. (hereinafter “D”) entered into a contract of carriage of the E Company (hereinafter “E”) between C and C to entrust the maritime transportation of the Steel Co., Ltd. (hereinafter “instant cargo”) from the luminous port to the Chinese New River (hereinafter “E”).

On February 10, 2016, F Co., Ltd. (hereinafter “F”) entered into a cargo insurance contract with D with respect to the instant cargo.

C. On February 10, 2016, the Defendant completed the instant commission of the business of loading the instant cargo to G which is anchored in the light-sea port from D (hereinafter “instant commission contract”) (hereinafter “instant commission contract”) with the company operating a harbor transport-related business, etc., and completed the instant commission work of fixing the instant cargo to the instant vessel from February 10 to the next day.

(hereinafter “instant gambling”). D.

On February 11, 2016, the instant vessel arrived at the New Port of China around the 15th of the same month, and some of the instant cargo was damaged.

(hereinafter “instant accident”). On March 3, 2016, H examination company requested by E (hereinafter “H”) submitted a verification report that the amount of damage to the instant cargo reaches USD 645,836.72.

E. On May 16, 2016 in accordance with the cargo insurance contract, F filed a lawsuit against the Defendant and C claiming the payment of the said money and the delay damages on October 27, 2016, on the ground that the Seoul Central District Court 2016Gahap564725 (hereinafter “damage to the instant cargo occurred due to bad weather conditions and unreasonable operation of a vessel, etc.”).

The above court shall provide the FF with the cargo insurance.

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