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(영문) 서울중앙지방법원 2015.01.30 2014나15766
구상금
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 defendant.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that aims at insurance business, etc., and the defendant is a company that aims at air transportation business.

B. Schlage’s character Korea Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) imported USD 35,978.39 U.S. dollars 2,229kg (hereinafter “the primary cargo”) from India’s Amercacacacacabacacacacacabba ELD (the company was merged with Nonparty Co., Ltd. in 2007, and is substantially the same with Nonparty Co., Ltd.) in the amount of USD 35,978.39 U.S. dollars 2,229kg (hereinafter “the secondary cargo”).

C. With respect to the carriage of the 1 and 2 cargo, the non-party company requested Eddrid International Airport (after the change of the Madrid International Airport to an international airport) to Korea by Eddrid International Airport from the land transportation and Madrid International Airport.

SBE Korea again requested the above land transportation and air transportation to Sdib, a partner in its own India, to Sdib, Sdib’s own territory, and Sdib requested the Defendant to air transportation among them. D.

On February 25, 201, the non-party company entered into an aviation insurance contract between the Plaintiff and the non-party company on February 25, 201, with a view to securing risks during the carriage of the primary cargo, at USD 39,576.22, and at USD 46,292.7, with a view to securing risks during the carriage of the secondary cargo.

E. 1) The primary and secondary cargo of this case was packed in a way that, after fixing the lower part of each product on the wooden floor at fixed V, all of the machinery was sealed in the upper part of the wooden floor, and then covered the upper parts and aspects of the following freight in a way that covers the size of the freight (a small space exists between the freer and the machinery, and the upper part of the machinery is not completely fixed to the wooden boxes.

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