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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: (a) part of Article 14-C of the judgment of the court of first instance (2) (2) of the judgment of the court of first instance (14-C) (14-2 to 19-2 of the judgment of the court of first instance) shall be as stated in Paragraph (2). In addition to adding the judgment as to the defendant's argument in the trial of the court of first instance as stated in Paragraph (3), it shall be accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Paragraph (1) provides that "When damage occurs due to the loss, damage, delay, etc. of cargo caused by the defendant's fault in the course of transferring the cargo and all shipping documents from the time when the plaintiff or the shipping company designated by the plaintiff from the domestic or foreign supplier of the cargo at the destination of destination, the remainder other than the maximum liability of the airline/ship shall be dealt with through the relevant insurance company covered." This argues to the purport that the defendant shall bear the liability for damages to the extent of the amount of compensation in accordance with the provisions on the limitation on liability of the carrier, and that the excess amount shall be compensated through the insurance covered by the plaintiff. Therefore, the defendant
On the other hand, this part of the defendant's assertion is premised on the fact that the accident of this case occurred during air transport and the provision on the limitation of liability of the carrier is applied. As seen above, the accident of this case cannot be deemed to have occurred during air transport, and in the case of land transport under the Commercial Act, there is no limitation of liability system, and the title of Article 6 of the Multimodal Transport Contract of this case is "the defendant's liability" and
In the case of damage caused by total loss, loss or damage of the goods in the multimodal transport process due to the reason attributable to the defendant.