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(영문) 부산지방법원 2017.02.15 2016가합40319
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) shall not apply to carriage and transport on deck with the statement of such intention to transport on deck on the bill of lading or on the surface of other documents evidencing the contract of carriage;

The defendant is not liable to the plaintiff with respect to the accident of this case, in accordance with the above special agreement for exemption (hereinafter referred to as the "special agreement for exemption of this case").

2 The instant exemption clause cannot be deemed to have any grounds for invalidation that have been determined by agreement between the Plaintiff and the Defendant, and is not subject to the Act on the Regulation of Terms and Conditions.

3. According to the overall purport of statement and pleading of evidence No. 1, 3, 8, and 8, C's personnel representing the Plaintiff at the time of the transportation of the cargo of this case sent e-mail to the Defendant requesting the estimate of the maritime freight of this case on October 2, 2015, stating that "on-site and high-speed fare verification as follows," * on-board/Guner de on-line rate 24.00, after the Defendant sent USD 24.00, the final fare for the freight of this case was determined as "USD 21.00", 3. The vessel declaration prepared between C and the Defendant on-board 1 and the cargo of this case were de facto / string of the cargo of this case under the responsibility of the shipper's loading/loss 1, the cargo of this case and the cargo of this case under the responsibility of the shipper's loading/loss 1, the cargo of this case.

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