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1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from September 6, 2014 to January 24, 2017.
Reasons
1. Basic facts
A. 1 Conclusion of Cargo Transport Contracts, etc.) Hyundai Pharmaceutical Co., Ltd. (hereinafter referred to as "Modern Pharmaceutical Co., Ltd.")
A) On or around April 13, 2014, Dong Young-young, Inc., a company entrusted with the business of transportation entrustment, shall be the freight of this case, in which the automatic typology and part 1 set of parts imported by Hyundai Drugs from Japan (hereinafter referred to as “the freight of this case”).
2) On April 21, 2014, A entered into an order to arrange for the transportation of the instant cargo from Busan to the Hyundai Drugs Factory located in Busan. 2) Under the said transportation brokerage contract, A requested the transportation of the instant cargo to the Dong Integrated Logistics Co., Ltd. (hereinafter referred to as “AB”). A, around April 21, 2014, was in charge of the transportation of the instant cargo to the B affiliated with the Jeon Urban Logistics Co., Ltd. (hereinafter referred to as “BB”).
B. On April 22, 2014, the instant accident occurred (1) B operated a C Truck with a container containing the instant cargo. The instant container was separated from the instant truck, and the instant cargo was destroyed by its shock, due to the error that the 800-meter narrow and bending road from the Hyundai Drugs factory located in the astronomical area did not reduce a sufficient speed. The instant accident was caused by the destruction of the instant cargo inside the instant container (hereinafter referred to as “instant accident”).
(2) The instant cargo was assessed as total loss, and Hyundai Drugs suffered damage equivalent to 40,000,000,000,000,000,000.
C. 1) The Plaintiff is a new bank that is a stock company (hereinafter “new bank”).
(2) On September 5, 2014, the insurer who entered into a cargo insurance contract with respect to the instant cargo, paid KRW 431,807,200, insurance money under the said cargo insurance contract, such as damage, etc. inflicted on the instant cargo by Hyundai Drugs, to the Hyundai Drugs who acquired the right to claim insurance money under the said cargo insurance contract from the new Bank. (2) The Defendant is obligated to transfer the instant cargo.