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(영문) 서울고등법원 2016.04.01 2014나2046394
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The reasons for the court’s explanation in this part are as stated in the paragraph “1. Recognizing the facts of recognition” of the first instance court, except for the following modifications or additions. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the second upper part of the judgment of the court of first instance, "the results of inquiry into fact-finding with respect to the Co., Ltd. of the party which has been close to the trial" shall be added.

The third 8 to 10th 10th 1 of the judgment of the first instance court "the defendant brought the instant iron bars into the Republic of Korea by means of Scarshing as follows."

“On September 7, 2012, the Defendant: (a) entered the Incheon port; (b) had Mad Co., Ltd. (hereinafter “Mad Co., Ltd.”) perform the loading and unloading of the instant steel; (c) was sent by facsimile a certificate of confirmation of the inventory transfer of the instant steel made between Mad Co., Ltd. and Mad Co., Ltd. on September 12, 2012; and (d) carried the instant steel relocation into the Defendant’s business bonded warehouse.”

2. As to the occurrence of liability for damages

A. 1 carrier at the time of occurrence of liability for damages is discharging its obligation by delivering the cargo to a bill of lading holder in exchange for the bill of lading holder. Thus, the loading company requested by the notice holder on the bill of lading is not a holder of the bill of lading, and the loading and unloading work is completed and the cargo was stored in the commercial bonded warehouse cannot be deemed as a carrier's control.

In such a case, the delivery time of the cargo is the time when the cargo is shipped out of the bonded warehouse for business use in accordance with the delivery order of the carrier.

On the other hand, the marine cargo must be delivered to the holder in exchange for the bill of lading, and the cargo cannot be legally taken out without the bill of lading. Therefore, if the cargo is delivered to the notification office that did not obtain the delivery order from the carrier because it was not submitted, the cargo is without permission.

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