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(영문) 서울중앙지방법원 2016.02.16 2014가합594036
손해배상
Text

1. The Defendant is from November 7, 2014 to January 7, 2015 and from January 8, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company mainly engaged in non-life insurance, non-commercial, non-commercial, and re-insurance, and is an insurer that has entered into a cargo insurance contract with the Scco Construction Co., Ltd. (hereinafter “Scco Construction”) (hereinafter “instant insurance contract”). The Defendant is a company that mainly engages in maritime transportation services, maritime transportation brokerage, etc.

B. (1) Co., Ltd. entered into the instant transport contract (hereinafter “CSP”) with EsPP-COPNHHDDDUPEM located in Brazil (hereinafter “CSP”) export the freight amounting to USD 11,435,393.00 (hereinafter “instant freight”). The freight amounting to USD 1,435,393.0 (hereinafter “instant freight”).

(2) The Scco Construction requested the Defendant to undertake a multimodal transport of the instant cargo to the Brazil, designated as the place of delivery from Pcco Construction, and the Defendant, by accepting it, entered into a multimodal transport contract for the instant cargo (hereinafter “instant transport contract”).

(3) The Defendant re-entrusted the sea transportation acquired from Poco Construction to Non-ScCCCHACO COD COD (hereinafter “Non-ScCCCHACO”)

C. (1) Transportation of the instant cargo and loss accident (1) the instant cargo were loaded in BC ODER No. 1 (BC ODER, hereinafter “the instant vessel”) and arrived at the Ptelo’s Ptelo’s Ptelo, around October 3, 2013, starting from a wood port around October 3, 2013.

(2) On November 2, 2013, when the instant vessel was in transit at sea, there was an accident in which part of the instant cargo was swept away by the mardones, thereby being swept away into the sea (hereinafter “instant accident”). D.

The Plaintiff’s payment of insurance money under the instant insurance contract = USD 133,973.30 as insurance money for the instant accident to Scco Construction on November 6, 2014 under the instant insurance contract = due to the instant accident.

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