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(영문) 대법원 2017.09.07 2017다234217
구상금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, an appraiser’s appraisal result shall be respected unless the appraisal method is against the rule of experience or unreasonable.

(See Supreme Court Decision 96Da1733 delivered on February 11, 1997, etc.). Based on the appraisal results of appraiser A of the court below, the court below acknowledged the facts as stated in its reasoning. The court below determined that the accident of this case occurred due to the mistake that was not packed on the bottom board designed in accordance with the characteristics and weight of the freight of this case, and thus constitutes an exemption from liability, which was made prior to the commencement of the insurance as stipulated in the Association Cargo Clause (INTSUTR CATRAL CALA) applicable to the insurance contract of this case.

The judgment below

Examining the reasoning in light of the above legal principles and records, we affirm the judgment below that the packing of the freight of this case was incomplete by accepting the appraiser's appraisal result.

Contrary to the allegations in the grounds of appeal, there is no error in violation of the rules of evidence or incomplete trial.

Although the lower court made the aforementioned determination based on the terms and conditions of 2009, which are not the Association Cargo Clause of 1982, which applies to the insurance contract of this case, the lower court did not err by misapprehending the standards for determining whether the term and conditions of 1982, which are applicable to the insurance contract of this case, and by misapprehending the legal principles on subrogation, it did not adversely affect the conclusion of the judgment.

2. As to the ground of appeal No. 2, the gist of this part of the ground of appeal is that the lower court determined otherwise, even though the Defendant did not use appropriate loading and unloading equipment, such as steel and steel, while loading and unloading, and did not properly meet weight-oriented measures.

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