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1. Of the instant lawsuit, (i) the attached Form 1
1. The sum of the unjust enrichment of the Plaintiff’s assertion indicated in Nos. 1 through 4 is KRW 2,873,332.
Reasons
1. Facts of recognition;
A. On October 30, 2013, the Plaintiff requested the Defendant Company to transport the freight (hereinafter “instant freight”) equivalent to USD 14,664.8, such as the household guard, etc., from Busan, U.S. to the Si of Ho-do, Vietnam. In addition, around October 30, 2013.
B. Accordingly, the Defendant Company had Daii Shipping Co., Ltd. transport the instant cargo, and the said Daii Shipping was loaded in Hong Kong on November 5, 2013 and transported to Vietnam during the same month.
8. A vessel which loaded a ship due to a collision between ships has been sunken.
C. The instant cargo was entirely destroyed due to the sinking of the said vessel on the same day.
On the other hand, the plaintiff
1. and Attachments
2. As indicated in the list, the Defendant Company requested the carriage of exported cargo and imported cargo by sea. Accordingly, the Defendant Company received from the Plaintiff the payment of the Plaintiff for the carriage charge, including the premium for oil.
[Ground of recognition] Facts without any dispute, Gap evidence 1, Gap evidence 2, and 4-1 through 4, Gap evidence 3-5, one to 5-16-1, Gap evidence 6-1 through 17, and the purport of the whole pleadings and arguments
2. Determination
A. (1) The plaintiff asserts that the defendant company is obligated to safely transport the cargo of this case that was requested by the plaintiff to transport at the destination. Thus, the defendant company is obligated to pay 15,610,679 won (US$ 14,64.8 x 14,64.8 x 1,064.5 won for exchange rate of November 8, 2013, which is the date of loss of the cargo) and 5,000 won for consolation money, as compensation for the loss of the cargo of this case, to the plaintiff.
In this regard, the defendant company has a defense that the Hague Rules and the Hague/SBB Rules apply, which provide the carrier's exemption from liability for negligence in navigational negligence and ship management.
In other words, the plaintiff, ① the defendant company, to the forwarding agent.