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(영문) 서울중앙지방법원 2015.03.19 2013가단5104564
구상금
Text

1. The Defendants: USD 89,505 for each Plaintiff and KRW 5% per annum from May 1, 2013 to March 19, 2015.

Reasons

1. Basic facts

A. The status of the parties (1) Hyundai Heavy Industries Co., Ltd. entered into a cargo insurance contract (hereinafter “instant insurance contract”) with the Plaintiff and the Plaintiff for the cargo of this case (hereinafter “instant insurance contract”) to import gas power generation unit 12 packing units (hereinafter “instant cargo”).

(2) Defendant Loys Co., Ltd. is a company operating a container terminal in Busan Port, etc., and Defendant Matz fire marine insurance Co., Ltd. concluded a contract for business liability insurance with Defendant Loys.

B. Transport (1) The consignor entered into a contract with the Hyundai Asian Trash International Telecommunicationcom (Sang Ha Hahyunded International Finance Rights Form, Ltd., hereinafter “transporter”) to request the carriage of the instant cargo from Chinese injury to Busan to the Republic of Korea.

(2) On December 25, 2012, after the carrier loaded the instant cargo upon delivery from the injury (40 feet container 3,20 feet container 1), the carrier issued a bill of lading with the consignee as Hyundai Heavy Industries, and the consignor issued this bill of lading to Hyundai Heavy Industries.

(3) On December 28, 2012, after the carrier started injury and arrived at the port of Busan, the carrier left the storage of the instant cargo on the Defendant’s container gate.

C. Damage of the cargo: (a) around 15:30 on December 29, 2012, Defendant Appellant used Trackers to transport the containers loaded with the cargo of this case; (b) 40 feet container, which was loaded in Trackers due to driving negligence, was reduced to the floor at a height of approximately 1 meter, while 40 feet container was loaded to the Tracker; and (c) 2 pedlers loaded in the cargo of this case were destroyed by that shock.

U.S. dollars 328.31

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