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(영문) 서울중앙지방법원 2018.11.27 2017나15699
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Plaintiff, Defendant 1, Inc.

Reasons

1. Basic facts

A. A. On January 9, 2014, the Defendant ASEL Co., Ltd. (hereinafter “Defendant ASEL”) concluded a contract for international logistics brokerage business with Lesin Korea Co., Ltd. (hereinafter “Esin Korea”) with the following content:

(hereinafter “this case’s transport contract”). Article 1(Purpose and Party) of the Transport Contract is the client and the Defendant ACEL selected as the transport company is the carrier. The Defendant ACL determines all the duties of sea/air transport and customs, internal transport, storage, etc. with respect to the cargo exported and imported by Lesin Korea.

Trein Korea shall delegate the transportation of the cargo exported and imported on the sea/air to Defendant Escel, thereby promoting the loading, safety, and light transportation from the place designated by Escin Korea to the final destination, and Defendant Escinel aims to faithfully perform the matters delegated by Escin Korea.

Article 2 (Period of Contract) (1) The term of validity of this Agreement shall be from January 1, 2014 to December 31, 2014. (latterly), Article 4 (Shipment and Loading) (1) The Defendant Dazel must confirm the characteristics of the goods in advance before receiving the goods from the supplier of Lesin Korea.

(Ma) Article 11(2) of the Act on the Protection of Goods and the Compensation for Damages and Cargo Insurance Co., Ltd. (hereinafter referred to as the "Compensation for Damages and Cargo Insurance") provides reasonable data for damage, destruction, error in transportation, delay in transportation, and other matters caused by Defendant ACEL's intentional or negligent act. Article 15(2) of the Act on the Protection of Goods and the Compensation for Damages and the Compensation for Damages and the Compensation for Damages shall be based on domestic law and shall be based on international practice or mutual agreement for matters not provided for in domestic

B. X-ray, a consignor of the instant cargo, appears to be the manufacture of the instant cargo, EXE (Trae Ex Report LC and the instant cargo) around September 11, 2014.

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