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(영문) 서울고등법원 2017.12.15 2017나2041468
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons why the court of the first instance partially accepted the part of the judgment are as follows: (a) the reason why the court of the first instance cited the part of the first instance judgment is as follows: (b) the 7th following the 7th following the 7th following the 7th of the first instance judgment as the "Korea-do Soloic Shots Co., Ltd" (hereinafter referred to as "Korea-doloics Co., Ltd."); (c) the 3rd of the 5th following acts as the "Maloics Co., Ltd. (hereinafter referred to as "Malos")"; and (c) the part of the 5th final act is excluded; and (d) the part of the 5th judgment as to the argument emphasized or added by the defendant is identical to the reasons of the first instance judgment, except for the addition of

2. Additional determination

A. The Defendant’s assertion 1) concluded a transportation contract between the Plaintiff and the Defendant regarding the instant cargo, and between the Plaintiff and the Defendant, it is nothing more than concluding a transportation brokerage contract. The Defendant received from the Plaintiff a transportation brokerage fee of KRW 5,000 to KRW 10,00,00 from the Plaintiff. The Defendant was in charge of transportation of the instant cargo, D’s J fraternity, and D’s J fraternity used to depart from the owner of the instant cargo with the approval of D’s representative director I. In light of the following circumstances, the Defendant’s liability should be limited to a considerable portion. (A) On June 1, 2016, the Plaintiff did not inform the Defendant of the fact that the transportation weight of the instant cargo was approximately KRW 4,00,000 or KRW 10,000,000,000,000 from the Plaintiff, and the Plaintiff did not request the Defendant to repair the instant cargo at a maximum amount of KRW 5,000,000.

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