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(영문) 서울중앙지방법원 2017.04.05 2016가단5095524
구상금
Text

1. The Defendant’s 118,768.43 US dollars and 6% per annum from August 27, 2015 to May 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On January 2, 2015, Amarket Korea Co., Ltd. concluded a transportation contract with the Defendant on January 2, 2015 for the cargo imported by the said company.

B. According to the above contract, the Defendant entrusted the loading and unloading and transportation work of steel materials D-Bar 2,066.598 tons (hereinafter “the instant cargo”) imported by Amarket Korea Co., Ltd. to AmarketS Co., Ltd. (hereinafter “instant cargo”).

C. On May 2, 2015, Swits Co., Ltd.: (a) unloaded the instant cargo at the port of loading in Busan. (b) and unloaded it to the port of loading in Busan.

However, the cargo of this case was found to have been melted on May 5, 2015, and the clothes used in the covering work of the cargo of this case were partly teared, and the cargo of this case was unloaded while in the open port. D.

On August 26, 2015, the Plaintiff entered into a cargo insurance contract with Amarket Korea Co., Ltd., and the Plaintiff paid USD 118,768.43 to the said company as insurance proceeds from the damage of the instant cargo.

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence No. 7-1 through 5, and the purport of the whole pleadings]

2. Determination:

A. According to the above facts, the defendant used tear tear tear in the process of distributing the freight of this case, which is entrusted with loading and unloading and transportation work by the defendant, and thereby, the freight of this case is judged to be meltson. Accordingly, the defendant shall be liable for damages arising from the loading and unloading of freight and non-performance of the contract of carriage with Amarket Korea Co., Ltd. (hereinafter the freight of this case).

B. In accordance with the cargo insurance contract, the Plaintiff paid the insurance proceeds for the above damage to Amarket Korea. Under the legal principle of subrogation by insurers, the Defendant shall pay the Plaintiff the insurance proceeds of USD 118,768.43 and the payment of the insurance proceeds for USD 118,768.43 from August 27, 2015 to May 16, 2016, the day following the delivery date of the copy of the complaint of this case.

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