(영문) 서울남부지방법원 2019.11.08 2019나52612

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.11.08 2019나52612

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 23, 2017, the Plaintiff: (a) requested the Defendant, who is engaged in multimodal transport arrangement business, etc., to transport one light flight craft (hereinafter “instant cargo”) from Busan to the Ulsan People’s Republic of Mongolia.

(hereinafter “instant transport contract”). B.

After issuing a bill of lading to the Plaintiff, the Defendant loaded the instant cargo at the port of Busan and transported the instant cargo to the Chinese Jindo port.

Although the Defendant intended to transport the instant cargo from the Jink to Uinkbane, it rejected the customs clearance on the ground of the possibility of inorganicisation of the instant cargo by the Chinese customs office.

Accordingly, the Defendant attempted several customs clearances, but continued to go through customs clearances, notified the Plaintiff of such circumstances and again delivered the instant cargo to the Plaintiff on September 6, 2017.

C. In the Busan District Court Decision 2018Gaso5478 (former), the conciliation was concluded that “the Plaintiff shall pay C KRW 2,500,000 to June 5, 2018.” The Plaintiff paid KRW 2,500,000 to C on June 1, 2018, pursuant to the said conciliation clause.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not perform his obligation to transport the freight of this case from Busan to Busan Port in accordance with the contract of carriage of this case. Accordingly, the plaintiff incurred damages of KRW 2,500,000 for damages to C who requested the transportation of the freight of this case. Thus, the defendant is liable to pay the plaintiff the above 2,50,000 won as damages due to the non-performance of the contract of carriage, and damages for delay.

B. The defendant's assertion 1 is the freight of this case.

유사 판례

-서울고등법원 2016.10.07 2015나2050628

-서울지법 서부지원 1997. 7. 10. 선고 96가합7724 판결：확정

-인천지방법원부천지원 2020.10.30 2020가합103558

-서울남부지방법원 2015.10.16 2014가합111895

-서울고등법원 2017.03.24 2015나2061642