(영문) 부산지방법원동부지원 2015.11.26 2015가단1484

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원동부지원 2015.11.26 2015가단1484

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a fishery products wholesaler, concluded an import contract with the Nipon Mat Pockers of Chile (hereinafter “instant consignor”) on 1,225 Freezers of freezing 1,225 (hereinafter “instant cargo”).

The consignor of this case requested the defendant to transport the marine cargo of this case.

B. On June 11, 2014, the Defendant: (a) loaded a container in which the instant cargo was loaded at a port in Chile’s blasting port; and (b) arrived at Busan port on July 16, 2014.

C. The Defendant sent the instant cargo to the warehouse designated by the Plaintiff, a holder of the bill of lading on the same day. The Plaintiff opened the container on July 17, 2014, and discovered that the instant cargo required to be in freezing conditions has lost its commercial value because most of the goods were melted.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion that the cargo of this case was damaged by the defendant to find out the cargo of this case more than the cooling device of the container while transporting the container. Thus, the defendant is liable to compensate the plaintiff, who is the holder of the bill of lading, for the value decline of the cargo of this case, 25,725,00 won and delay delay damages.

3. As seen earlier, it is recognized that the instant cargo transported by the Defendant was damaged as above, but the aforementioned evidence and evidence Nos. 9, and Nos. 4 through 9 may be comprehensively considered in the entire purport of the pleadings, namely, the following circumstances: ① According to the instant bill of lading and relevant documents, the Defendant is in charge of maritime transport of the instant cargo from the port of blasting of Chile to the port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of Chile; ② the land transport from

유사 판례

-서울중앙지방법원 2013.12.27 2012가단152684

-서울남부지방법원 2021.04.21 2020가단248661

-대법원 2001. 10. 30. 선고 2000다62490 판결

-수원지방법원평택지원 2020.03.20 2018가단5916

-대법원 2007. 8. 24. 선고 2007다25582 판결