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(영문) 서울중앙지방법원 2015.03.17 2014가단49850
구상금등
Text

1. The plaintiff's claim against the defendant on board and the main claim against the defendant on Hanjin Shipping shall be dismissed, respectively.

Reasons

1. Basic facts

A. 1) Kaco New Energy Co., Ltd. (hereinafter “Kaco New Energy”)

around 2013, 16.36,80 g (hereinafter “instant cargo”) around 2013, c6,800 g (the model name: XP50-OD-TL) 16.36,80 g (hereinafter “instant cargo”).

(2) Around 2013, Kaco New Energy entered into a cargo insurance contract (hereinafter “instant insurance contract”) with the Plaintiff and the insured Kaco New Energy and the cargo insurance contract (hereinafter “instant insurance contract”) with USD 774,400 in order to secure risks that may arise in the course of the transportation of the instant cargo, and agreed to incorporate the Institute Cargo Clause into the content of the instant insurance contract, and Article 19 of the said Institute Clause provides that “this insurance is governed by the English law and customs.”

B. 1) The Kaco New Energy Co., Ltd. (hereinafter “Moco”) committed by the Defendant around February 2013, 2013.

2) As to the instant cargo, a multimodal transport contract with the terms of requesting all of the sea and the land transport from the port of Busan to the United States Tenesia (hereinafter “instant first transport contract”).

A) Defendant Hanjin Shipping Co., Ltd. (hereinafter referred to as “ Hanjin Shipping”) around that time.

2) As to the part of the instant transport contract, the instant transport contract is deemed to have been concluded by the parties to the instant contract to re-conform all of the maritime and land transport (hereinafter “instant transport contract”).

(2) The instant cargo was shipped on March 1, 2013 into a ship operated by the Defendant Hanjin Shipping on the part of March 1, 2013. The instant cargo was shipped into a ship operated by the Defendant Hanjin Shipping on the part of March 1, 2013.

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