beta
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 court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion 1) The El branch Co., Ltd., the consignor of the instant cargo, requested the East Port registry to collect samples from each of the instant vessel tanks. The Ho branch Co., Ltd., the consignor of the instant cargo, requested the Plaintiff’s Intervenor (hereinafter “ Intervenor”) without directly collecting the samples from the Plaintiff.
1) On April 2, 2013, the date of the departure of the instant vessel, H requested the 1st class mateJ of the instant vessel to collect nitrody and sampling of the instant vessel. H, at the instant vessel’s office on April 2, 2013, J made a false labelling of “land tank sampling” on 2 disease from among 6 diseases collected from the instant vessel’s tank. In other words, the land tank sampling of the instant vessel, which was offered for the first verification, was actually extracted from the instant vessel tank, and the actual verification result of each sampling on the instant cargo was reflected in the report of the second verification result. 2) The immediately preceding navigation of the instant vessel was the shipment of the instant cargo of the instant case, which was found to have been the shipment of the instant cargo of the instant vessel, which was contaminated by the Defendant’s fault in cleaning the instant cargo tank.
3) The sales price of the instant cargo is KRW 460,00 per ton. The damaged 1,769.84 tons of the instant cargo was sold at a reduced price of KRW 345,00 per ton per ton, thereby causing damage to KRW 115,00 per ton. The total amount of damages caused by damage to the instant cargo, including the damage caused by a reduced price sale, reaches KRW 287,119,382 in total as follows.