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(영문) 서울중앙지방법원 2014.10.30 2013가단5047586
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2010, the Plaintiff is an insurer that entered into an international cargo transport insurance contract with the USPS International Co., Ltd. (hereinafter “UPS International”) with an insurance money of KRW 500 million (hereinafter “instant insurance contract”).

B. On August 22, 2011, Hyundai Telecommunications Co., Ltd. (hereinafter “Modern Telecommunicationsex”) entered into a multimodal transport agreement on the automatic transmission equipment (hereinafter “instant cargo”) imported from Japan between the U.S. P.C. and the U.S. International Cable and Japan with respect to the maritime transport of the instant cargo from U.S. to Busan Port and the land transport of the instant cargo from Busan Port.

C. A business operator in the Republic of Korea requested the Defendant to complete the maritime and land transport of the instant cargo, and the Defendant re-requested Rono, a local partner in Japan, for the maritime transport, and for the land transport, to Rono, Inc., Ltd., for the land transport.

On October 4, 201, A, who was entrusted with the land transport of the freight of this case from the Hanwegs presses, loaded the freight of this case on the box to which the freight of this case is towed by the freight of this case, and the cargo of this case was destroyed by an accident that the upper part of the container was loaded on the road, soundproof walls, tunnels, and soundproof boards at a prevention point of approximately 150 meters from the opening charge station in Busan-gu, Busan-gu, caused the accident that the cargo of this case was loaded on the cargo of this case, and the cargo of this case loaded on the container.

E. On November 27, 2012, the Plaintiff paid the insurance proceeds of KRW 495,00,000 with respect to the damage of the instant cargo to Hyundai Contractors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, and 12, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion entered into a contract of carriage with the International Trade Association on the freight of this case.

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