(영문) 수원지방법원평택지원 2020.03.20 2018가단5916

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(영문) 수원지방법원평택지원 2020.03.20 2018가단5916

손해배상

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in export and import business, such as active fish and fishery products, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a shipping agency business, combined freight forwarding business, etc., and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that engages in cargo handling business, air and maritime freight forwarding business, combined freight forwarding business, etc.

B. On July 9, 2018, the Plaintiff entered into a contract with the F (F; hereinafter “F”) located in China to import 1,176CAS 18,861km (hereinafter “instant cargo”); around that time, F requested the G Limited Corporation (G; hereinafter “G”) located in China to transport the instant cargo from the port of Pungdong-ri Port in Korea.

C. On July 10, 2018, the instant cargo was loaded into a container at KRW 01:00, and G, around July 11, 2018, issued a bill of lading (hereinafter “instant bill of lading”) after loading the instant cargo with the vessel on board.

On July 14, 2018, G’s ship entered Pyeongtaek Port on or around July 14, 2018, and the Plaintiff confirmed the fact of the closure of 8,990km after receiving the instant cargo from G.

The Plaintiff requested H Co., Ltd. to dispose of the abandoned lusium, and paid KRW 1,164,500 to the said company as the disposal cost, and KRW 2,400,000 as the labor cost.

[Ground of recognition] Facts without dispute, entry of Gap 1-6 evidence, purport of the whole pleadings

2. Summary of the parties’ assertion

A. Defendant C, as a carrier, agreed to maintain the temperature of the container in the ship at the port of loading and unloading from the port of discharge to the port of discharge to the port of discharge to the port of discharge to the port of discharge to the port of discharge to the port of discharge to the port of discharge to the port of discharge. As such, Defendant C, as a decent manager of the cargo,

유사 판례

-수원지방법원평택지원 2020.03.20 2018가단5916

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