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(영문) 서울고등법원 2018.11.09 2016나209896
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts under the contract of carriage and fire do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1, 2, 3, 4, 9, 10, 21, 22, and Eul evidence Nos. 1 to 11, and 13 (including each number; hereinafter the same shall apply).

[1] The plaintiff is a company established under the Japanese law, and runs the maritime transport business.

Defendant Geumyang Co., Ltd. (hereinafter “Defendant Geumyang”) is a company established under the law of the Republic of Korea, and engages in the manufacture and sale of chemical products.

The defendant Han LLC Co., Ltd. (hereinafter referred to as the "Defendant Han LLC") is a company established under Chinese law, and is engaged in the manufacture and sale of chemical products.

The defendant Han-sung was established by investing 100% of the defendant Geumyang.

[2] As between May 11, 2009, Defendant Geumyang and the “AC400 MT” is a condition that both paragraphs 14M and 14MT are both the C&F terms and conditions in the C&F terms and conditions in which the seller bears, and is also a condition that the seller bears, including maritime fares. CFR terms and conditions.

The contract was entered into to sell 35,000 US dollars (hereinafter referred to as "$35,00").

On June 11, 2009 for the implementation of the above sale contract, the Defendant Franchi entered into a contract to purchase AC400 MT 14M on both terms and conditions of C&F, which is the above Kamera, with the Defendant Franchi, and the two terms and conditions that the two terms and conditions of B&F,200.

As of June 3, 2009, Defendant Geumyang entered into a contract with “A” to sell ACPW 28MT at USD 42,000 on the terms of “C&F,” the two ports of both ECPW 28M.

On June 22, 2009 for the implementation of the above sale contract, the Defendant Franchi entered into a contract with the Defendant Franchi, under which both paragraphs (2) and (38,080 dollars of the ACPW 28M C&F, which was manufactured by the Defendant Franchis Corporation, to purchase the 38,080 dollars on the terms of the above pressure C&F.

[3] The defendant Han-sung Co., Ltd. on June 18, 2009

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