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(영문) 서울서부지방법원 2019.10.01 2018가단211696
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a domestic corporation of C, which is a global logistics company, with the purpose of air freight forwarding business, warehouse business, and other distribution business and services, and all related kinds of similar services.

B. On August 24, 2017, the Plaintiff left the port of Spanish (hereinafter “instant cargo”) on September 25, 2017, which is a food imported by the Plaintiff from D, “D,” a Spanish company, under the terms and conditions of delivery (F.O.B) to the Defendant, and requested the Defendant to conduct maritime transportation entering the port of Busan, Busan, on October 22, 2017.

C. On September 1, 2017, the Plaintiff sent e-mail to the Defendant and requested the Defendant to load the instant cargo in the air conditioning container of 20 degrees ethyl. On the same day, the Defendant delivered the said shipment conditions to E.

On September 25, 2017, the Plaintiff received from the Defendant the shipment bill of lading issued by E as “the consignor D, consignee, and Indian agent”. D.

E delivered the Plaintiff’s shipment condition to F, the actual carrier, but F transported the instant cargo in a state where all the cargo was not supplied to the air conditioning container, and the instant cargo was loaded in a general dial container area other than the loading area where the air conditioning container is operated, and the Defendant notified the Plaintiff on October 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 5, and the purport of whole pleadings

2. The plaintiff asserted that the defendant requested the transportation of the cargo of this case to the defendant, and the defendant had the plaintiff keep the cargo of this case in a state where it was not supplied all of the air condition container during the period exceeding the oil of F, an agent performing the transportation duties, and caused damage, such as lowering the quality of the cargo of this case and lowering market value.

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