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(영문) 전주지방법원군산지원 2015.06.11 2012가합1308
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Japanese legal entity that runs railroad transportation business, marine transportation business, warehouse business, etc., and the Defendant is a Korean legal entity that runs the transportation business of cargo and brokerage business of transportation of cargo.

B. On August 23, 2011, the Plaintiff was entrusted with the instant cargo transportation brokerage from Japanese corporations Doers International (hereinafter referred to as “Doers”) for the broadband 6,336km (hereinafter referred to as “instant cargo”). Around that time, the Plaintiff was entrusted with the domestic transportation of the instant cargo to the National Security Shipping Co., Ltd. (hereinafter referred to as “National Security Shipping”) and the National Security Logistics Co., Ltd. (hereinafter referred to as “National Logistics”).

C. On the other hand, on August 1, 201, the national cargo and national cargo entered into a transportation consignment agreement with the Defendant, which entrusts the Defendant with the carriage of cargo secured by the national cargo and national cargo. D.

After the instant cargo was loaded at the port of the Republic of Korea and arrived at the port of Busan on August 24, 201, around 06:00 on August 29, 201, the cargo was loaded at the port of Busan and started from the port of Busan to the port of destination, which was the port of destination. On the wind that the proper temperature of freezing containers could not be maintained during the transport, approximately KRW 3,264 km out of the instant cargo was damaged and disposed of.

F. Thereafter, the Cargo Cargo Insurance Co., Ltd. paid 89,042,394N with insurance proceeds to Dora, and thereafter claimed damages against the Plaintiff by subrogationing Dora. On September 30, 2014, the Plaintiff paid 22,522,145N as damages to the said insurance company.

[Grounds for recognition] Gap evidence Nos. 1 to 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant entered into a contract for the entrustment of carriage of the instant cargo and entered into a contract for the entrustment of carriage of the instant cargo with the National Security Service, which is in the position of the trustee with respect to the cargo to be consigned by the Plaintiff.

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