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(영문) 서울중앙지방법원 2020.11.05 2019가단5227667
구상금
Text

1. The Defendant: (a) KRW 29,443,490 to Plaintiff A; (b) KRW 6,677,69 to Plaintiff B; and (c) each of them from September 21, 2019 to November 20, 2020.

Reasons

1. Facts of recognition;

A. Plaintiff A (A, hereinafter “Plaintiff A”) is a foreign corporation, Plaintiff B (hereinafter “Plaintiff B”) established under U.S. law and engaged in insurance business, and is a foreign corporation established under U.S. law and engaged in steel business, and the Defendant is a corporation engaged in maritime transport business.

B. The Plaintiff-B entered into a contract with the Defendant to export the instant cargo to the B, “E” (hereinafter “instant contract”) after entering into a contract with the Defendant to transport the instant cargo to the B B B B B B B, U.S. MUTTO, TX, TiW, and USA (hereinafter “instant contract”).

At the time of shipment, the Defendant issued a bill of lading (B/L No. 1, F, G, H, I, hereinafter “instant bill of lading”) regarding the instant cargo through the local transfer of the instant cargo to Taiwan, stating that the instant bill of lading was possessed by the Plaintiff B via D, and that “the instant cargo was shipped in an open condition.”

C. The Plaintiff A entered into a cargo insurance contract that covers the risk during the transport of the instant cargo with the Plaintiff, the insured, ($ 35 million, USD 10,000, KRW 100,000, KRW 35,000, KRW 100, and hereinafter “instant insurance contract”).

이 사건 선박은 이 사건 화물을 선적하고 2018. 4. 30. 타이충 항을 출발하여 대만의 가오슝 항과 대한민국의 광양 항에서 추가로 철재 파이프 및 코일 화물을 선적한 후 휴스턴 항에 도착하였다.

E. As from June 21, 2018, Plaintiff B’s survey agent (J) and Defendant’s survey agent

6. During the period of up to July 25, 200, the Plaintiff’s survey agent was on board the instant vessel to verify the loading and unloading status of the instant cargo, and then the Plaintiff’s survey agent was on July 21, 2018.

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