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(영문) 인천지방법원 2016.08.26 2014가합1573
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 15,672,150 to the Defendant (Counterclaim Plaintiff) and its related amount from February 11, 2014 to August 26, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On April 1, 2013, the Plaintiff, a company engaged in steel construction business, etc., concluded a contract for the transportation of equipment and materials necessary for the construction of Kuwait Swina Haberm Bridge (hereinafter “instant construction”) with the Defendant, a company engaged in transportation business, etc., on the following terms: (a) concluded a contract for the transportation of equipment and materials for the construction of Kuwait Pober Bridge (Evidence No. 1; hereinafter “contract”) with the Defendant, a company engaged in transportation business, etc., to transport the instant construction (hereinafter “instant construction”).

The term of validity of this contract under Article 2 (Period of Contract) shall be from April 1, 2013 to December 30, 2013, which is the scheduled time of project transport completion.

Article 3 (Subject Matter of Transport and Period of Transport): The volume and volume of the subject matter of transport related to the project for the works for the works for the temporary bridge and ancillary materials 2) the total volume of the subject matter of transport: The total quantity shall be divided and transported on the basis of transportation from 3 to 4 primary ports, and the total quantity and the quantity of the subject matter of transport may be increased or decreased.

3) Carriage section: The transportation period from the military port of Kuwait to the Kuwait Cr. 4): The plaintiff shall notify the defendant 30 days prior to the scheduled number of navigation discrimination and the date of navigation discrimination, and the defendant shall notify the plaintiff in writing of the transportation period and the anticipated arrival date.

Article 6 (Settlement of Freight and Related Expenses) Foreign currency portion 1) 70% payment within seven days after shipment by port, and 30% payment within three days before the arrival of Schlage's port 2) payment within seven days after the shipment by port shall be made 100% payment within seven days after the shipment by port.

B. Since then, the Plaintiff separately requested the Defendant to transport the equipment used in the instant construction, including the Mancheon-gu crawls (hereinafter “the instant click”). The Plaintiff consulted on the transportation schedule, fare, etc. based on the transportation contract of the said equipment, and agreed on the estimation of the transportation schedule, freight, etc. on June 19, 2013.

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